Barchet v. New York City Transit Authority

Appeal from an order of the Supreme Court at Special Term, entered May 19, 1965 in New York County, which granted a motion by plaintiff for an order to dismiss the affirmative defense and denied a cross motion by defendant to dismiss the complaint.

Memorandum by the Court.

Order entered May 19, 1965, granting plaintiff’s motion to dismiss the affirmative defense and denying the cross motion to dismiss the complaint, reversed, on the law, without costs and without disbursements, the motion denied and the cross motion granted. The defense is that plaintiff failed timely to commence this action.…