Burstein v. Levy
Appellate Terms of the Supreme Court of New York
Appeal from an interlocutory judgment of the City Court of the city of Hew York, sustaining a demurrer to defenses set up in the answer.
1Opinion of the CourtGiegerich, J.
The complaint alleges a breach of covenant, of an instrument under, seal. The answer, among other things, sets.up the Statute of Limitations, pleaded in threéways. First, that the cause of action set forth in the complaint did not accrue within three years before the commencement of the action; and second, that it did not so-accrue within six years; and third, that it did not so accrue-within ten years.
The action being on an instrument under seal, twenty year is allowed as the limitation. Code Civ. Pro. § 381; Dwinelle v. Edey, 102 N. Y. 423; Hulbert v. Clark, 128 id. 295; Murdock v.…
2Cases cited2 opinions
- Dwinelle v. . EdeyNew York Court of Appeals · 1886
- Darling v. PowellNew York Supreme Court · 1897
3Cited by2 opinions
- Devoe v. LutzAppellate Division of the Supreme Court of the State of New York · 1909
- Hall v. MarvinAppellate Division of the Supreme Court of the State of New York · 1910