Emil v. James Felt & Co.

Order, Supreme Court, New York County, *678entered April 5, 1974 denying plaintiffs’ motion for summary judgment dismissing the affirmative defenses in the defendant’s answer and denying defendant’s cross motion for summary judgment dismissing the complaint unanimously modified, on the law, to dismiss the third and seventh affirmative defenses in defendant’s answer and, as so modified, the order is affirmed, without costs or disbursements. In the third affirmative defense it is asserted that the cause of action alleged in the complaint occurred more than three years prior to the commencement of…