Goldberg v. Schuman

Order, Supreme Court, New York County (Jane Solomon, J.), entered October 25, 2000, which granted defendant Ethel Schuman’s motion to dismiss the complaint, and denied plaintiffs motion for a default judgment against defendant Louis H. Gruhin, unanimously affirmed, with costs.

The complaint, against the executrix of the estate of plaintiffs husband, Schuman, and the executrix’s attorney, Gruhin, was properly dismissed as time barred. Contrary to plaintiffs argument, the motion court did not improperly treat defendant’s motion to dismiss as a motion for summary judgment. The court’s…