Legal Opinion · Dissent

Brady v. Rudin Management Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 11, 1961Published

1Dissent

Eager, J. (dissenting).

The defendant 65 Central Park West Corporation appeals from an order which struck out an affirmative defense setting up the three-year Statute of Limitations applicable to negligence actions. Special Term held that the action was one ‘ ‘ to recover upon a liability created by statute, except a penalty or forfeiture ” (see Civ. Prac. Act, § 48); and that, therefore, it was governed by the six-year statute rather than the three-year statute.

*84The amended complaint, to which the defense was imposed, contains two alleged causes of action to recover for alleged personal…

2Cases cited14 opinions

Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
Altz v. . LeibersonNew York Court of Appeals · 1922
Amberg v. . KinleyNew York Court of Appeals · 1915
Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
Frank Shepard Co. v. Zachary P. Taylor Publishing Co.New York Court of Appeals · 1923

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