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Newfield v. East River Savings Bank

Appellate Division of the Supreme Court of New York, First Department
Mar 27, 1942
263 App. Div. 983 (N.Y. App. Div. 1942)

Opinion

March 27, 1942.

Appeal from Supreme Court, New York County.

Present — Martin, P.J., O'Malley, Townley, Glennon and Untermyer, JJ.; O'Malley, J., taking no part.


It will require a full development of the facts upon the trial of this action to determine the sufficiency of the defense of the Statute of Limitations. However, it might not be amiss to point out that if the defendant relies upon an election of remedies on the part of the plaintiff, the answer must be amended accordingly. ( Roberge v. Winne, 144 N.Y. 709.)

The order should be affirmed, with twenty dollars costs and disbursements.


Order unanimously affirmed, with twenty dollars costs and disbursements.


Summaries of

Newfield v. East River Savings Bank

Appellate Division of the Supreme Court of New York, First Department
Mar 27, 1942
263 App. Div. 983 (N.Y. App. Div. 1942)
Case details for

Newfield v. East River Savings Bank

Case Details

Full title:SAMUEL NEWFIELD, as Trustee in Bankruptcy of 671 Prospect Avenue Holding…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 27, 1942

Citations

263 App. Div. 983 (N.Y. App. Div. 1942)