Parsell v. Essex

This is a motion to strike out the pleading of the Statute of Limitations set up in a reply to a counterclaim. The summons and complaint stating a cause of action in automobile negligence was served on the last day of the time permitted to bring such an action. An answer was later served that interposed a counterclaim for automobile negligence arising out of the same accident stated in the complaint. The time for commencing such an action had expired at the time of the service of the answer. The reply sets up the limitation of time.

Section 11 of the Civil Practice Act provides: “ The periods…