Friedman v. Nagin

Plaintiff instituted this action in 1945 for reformation of an unsealed collateral bond executed in 1928. He seeks to conform it to an agreement claimed to have been made in 1928 for a bond under seal and to enforce it as so reformed. The learned Special Term denied defendant’s motion to dismiss under subdivision 6 of rule 107 of the Rules of Civil Practice (Statute of Limitations), holding that the rights of the parties should be determined at trial. Defendant appeals.

Claiming to be the owner of the bond “ through several assignments,” plaintiff alleges that on November 9, 1928, William…