Myers v. City of Plattsburgh

Appeal from a judgment of the Supreme Court entered in Clinton County, which, upon motion, dismissed the complaint on the ground that the Statute of Limitations is a bar to the action, which was brought to recover damages for negligence occurring during the period November 15, 1938 to August 31, 1940, whereby plaintiff’s intestate contracted histoplasmosis through exposure to large amounts of pigeon excretion present in a structure in which he worked, the disease causing pain and suffering in his lifetime and his death on August 18, 1956. Inasmuch as plaintiff, in his lifetime, failed to…