BROOKS v. SAVITCH


576 A.2d 1329 (1989)

William F. BROOKS, Sr., Plaintiff, v. Saul SAVITCH, Defendant.

Superior Court of Delaware, New Castle County.

Decided: November 1, 1989.


Attorney(s) appearing for the Case

Ann Joyce Letcher, and Melvyn I. Monzack of Walsh & Monzack, P.A., Wilmington, for plaintiff.

Elwyn Evans, Jr., and Jeffrey M. Boyer of Evans & Evans, Wilmington, for defendant.


OPINION

BARRON, Judge.

This case comes before the Court on Defendant's Motion to Dismiss the Complaint pursuant to Superior Court Civil Rules 9(f) and 12(b)(6) on the grounds that Plaintiff's claim is time barred under 10 Del.C., § 8106.1 A defense predicated on a statute of limitations may be brought by motion to dismiss when the complaint itself shows that the action was...

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