Butler v. Caldwell & Cook

Callahan, J. P., and Boomer, J.

(dissenting). Special Term dismissed plaintiffs’ complaints with permission to move to replead upon submission of complaints showing the dates that plaintiffs became the owners of the properties and upon an evidentiary showing that the dates were within the period of the Statute of Limitations. We affirmed the order of Special Term (Butler v Caldwell & Cook, 122 AD2d 559).

More than six months after our order of affirmance, plaintiffs moved at Special Term for leave to replead, submitting proposed complaints setting forth the dates that plaintiffs became the…