NORWALK v. J. P. MORGAN & CO., INCORPORATED


268 A.D.2d 413 (2000)

702 N.Y.S.2d 96

ELLIOT NORWALK, as Executor of MINNIE KANTROWITZ, Deceased, Appellant, v. J. P. MORGAN & CO., INCORPORATED, Respondent.

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

Decided January 10, 2000.


Ordered that the order is modified, by (1) deleting the provision thereof granting that branch of the defendant's motion which was for summary judgment dismissing the complaint as time-barred, and substituting therefor a provision denying that branch of the motion, (2) deleting the provision thereof which, in effect, denied as academic those branches of the motion which were to strike so much of the ad damnum clause as demanded (a) recovery of the current cash value of certain...

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