Weinberg v. Stein

I respectfully dissent. I would deny the motion to dismiss and allow appellants to proceed with the merits of their appeal.

On January 30,1989, following a five-day trial, the jury in this case returned a verdict finding that the action was time-*381barred. After the verdict was returned, plaintiffs dictated into the record their motion for a new trial, arguing that the statute of limitations is not a recognized defense in an action against a trustee for breach of fiduciary duty. Counsel for defendants did not object to the form or content of that oral motion. The trial court expressly reserved…