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MATTER OF FOSTER v. LUSHER

66 A.D.2d 747 (1978)

In the Matter of Catherine M. Foster, Appellant, v. Robert F. Lusher, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 28, 1978

Birns and Sandler, JJ., dissent in the following memorandum by Birns, J.:

We would reverse, dismiss the defense of Statute of Limitations and direct a trial. The rule to be applied in this case is found in Schuerf v Fowler (2 A.D.2d 541): "We construe the law to require a clear acknowledgment about which there is no doubt or equivocation. That does not mean that the acknowledgment...

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