Equity Corp. v. Groves

This is an appeal by the plaintiff from a nonunanimous judgment of the Appellate Division affirming an order at Special Term dismissing the complaint on motion on the ground that the action was barred by the six-year Statute of Limitations. If under the allegations of the amended complaint plaintiff is not entitled to recover any amount in excess of losses recoverable in an action at law, then the decision below is correct and must be affirmed (Dunlop’s Sons, Inc., v. Spurr, 285 N. Y. 333), but if in equity the plaintiff is entitled to recover gains in excess of the correlated losses…