Schrader v. Rughen Realty Corporation

Full title: HENRY SCHRADER, Respondent, v. RUGHEN REALTY CORPORATION, Appellant

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

Date published: Jan 21, 1957

3 A.D.2d 675 (N.Y. App. Div. 1957)

Opinion

January 21, 1957

In an action to recover a balance due, the appeal is from an order denying a motion to dismiss the complaint, pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice, on the ground that the cause pleaded therein is barred by the Statute of Limitations, with leave to allege the same facts as a defense in the answer. Order affirmed, without costs. No opinion. Nolan, P.J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.