O'Leary v. Brown Seal Realty Corp.

Order, entered on December 11, 1967, granting plaintiff’s motion to strike the affirmative defenses of Statute of Limitations and laches, affirmed, with $50 costs and disbursements to plaintiff-respondent. It is conceded that the present action was commenced within three years after plaintiff attained his majority. The fact that the first action brought by plaintiff’s guardian ad litem was dismissed on procedural grounds, approximately 10 days after plaintiff became 21 years of age, does not prevent the application of CPLR 208 to the claim at bar. Plaintiff has complied with CPLR 208 and the…