Boutin v. Cumbo

MEMORANDUM

CROAKE, District Judge.

This is a motion pursuant to Rule 56 (b), Fed.R.Civ.P., for summary judgment and to dismiss the complaint on the ground that the cause of action as stated in the complaint is barred by the applicable period of limitations. This is the second such motion made by defendants.1

The facts have been outlined in the first summary judgment motion, Boutin v. Cumbo, 259 F.Supp. 12 (S.D.N.Y.1966), and need not be related here. There Judge Tenney denied the defendant’s motion “without prejudice to renewal upon sufficient proof of the alleged applicable provisions of the…