Legal Opinion
Bertha Building Corp. v. National Theatres Corp.
District Court, E.D. New York
Decided October 15, 1958No. Civ. No. 12073PublishedCited by 2 opinions
1Opinion of the Court
ZAVATT, District Judge.
This is a civil anti-trust action instituted in this Court by a California corporation upon an alleged cause of action, which, the plaintiff concedes, accrued in California no later than July 4, 1935. The com plaint was not filed until September 5, 1951. The plaintiff pleaded the following statutes of limitations as being pertinent herein:(1) Section 48 of the New York Civil Practice Act, providing:
Ҥ 48. Actions to be commenced within six years. The following actions must be commenced within six years after the cause of action has accrued:
“2. An action to recover upon…
2Cases cited19 opinions
- Dictograph Products Company, Inc. v. Sonotone Corporation, Emil Henry Greibach and S. Michael PinelesCourt of Appeals for the Second Circuit · 1956
- United States v. Paramount Pictures, Inc.District Court, S.D. New York · 1949
- Commercial Union of America, Inc. v. Anglo-South American Bank, Ltd.Court of Appeals for the Second Circuit · 1925
- Bertha Building Corporation v. National Theatres Corporation, Gumbiner Theatrical Enterprises, Inc. v. National Theatres CorporationCourt of Appeals for the Second Circuit · 1957
- Munro v. PostCourt of Appeals for the Second Circuit · 1939
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3Cited by2 opinions
- Bertha Building Corporation v. National Theatres CorporationCourt of Appeals for the Second Circuit · 1959
- William J. Riley v. Meba Pension TrustCourt of Appeals for the Second Circuit · 1978