Legal Opinion
Bresnihan v. United States Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 1939Published
1Per curiam
We think that the motion to separately state and number the causes of action should have been granted, in order to permit the appellant to plead the Statute of Limitations as to the cause of action for nuisance.
Until the causes of action are separately pleaded, it may not be determined what Statute of Limitations is applicable to the claim of nuisance, (See Civ. Prac. Act, § 48, subd. 3; § 49, subd. 6; Schmidt v. Merchants Despatch Trans. Co., 270 N. Y. 287; Hayes v. Brooklyn Heights R. R. Co., 200 id. 183; Niehaus v. Caryfield, Inc., 240 App. Div. 144.) Nor, until the new pleading is served,…
2Cases cited5 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Harriss v. TamsNew York Court of Appeals · 1932
- McConnell v. Williams Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Niehaus v. Caryfield, Inc.Appellate Division of the Supreme Court of the State of New York · 1934
- McConnell v. Williams Steamship Company, Inc.New York Court of Appeals · 1934