Rolnick v. Rolnick

Defendant Jacob Rolnick moves for summary judgment dismissing the complaint of Albert Rolnick. In support of his application he urges that the action being one to recover damages for injury to property, it is barred by CPLR 214 (subd. 4) since it was not brought within three years from the time of its accrual.

The complaint alleges that the cause of action arose on March 16,1962 when the defendant caused the plaintiff to be ousted from his employment by improper and malicious acts which were intended solely to inflict harm and damage upon the plaintiff. These averments do not constitute an…