¶1In an action to recover damages for personal injuries, defendants moved to dismiss the complaint under subdivision 6 of ride 107 of the Rules of Civil Practice, on. the ground that the action was not instituted within the time limited by law. The motion was denied, and defendants appeal. Order affirmed, with $10 costs and disbursements, with leave to defendants to answer within ten days from the entry of the order hereon. (Mulligan v. County of Westchester, 272 App. Div. 929, on reargument 272 App. Div. 1023, decided Oct. 20, 1947; Amex Asphalt Corp. V. City of New York, 263 App. Div. 968, affd. 288 N. Y. 721; General Municipal Law, § 50-e; L. 1941, ch. 777, § 10.) Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.
272 A.D.2d 1025
Bergen v. Ward
Appellate Division of the Supreme Court of the State of New York
Decided October 20, 1947
Appellate Division of the Supreme Court of the State of New York · decided 1947-10-20
Relies on Amex Asphalt Corporation v. City of New York
Decided 1947-10-20