¶1While the claim involved is of doubtful merit, the defense of the Statute of Limitations cannot be sustained on motion as there is conflict of fact as to when the demand for the return of the money was made. Order unanimously affirmed, with twenty dollars costs and disbursements. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.
252 A.D. 731
Friedman v. Solinger
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1937
Appellate Division of the Supreme Court of the State of New York · decided 1937-10-15
Decided 1937-10-15