Greene v. New York Central & Hudson River Railroad
The Superior Court of New York City
Exceptions by plaintiff, ordered to be heard in first instance at general term; The action was for injuries to real estate, owned by testatrix and alleged to have been- done in her lifetime. Among other defenses the answer set up the statute of limitations.
Read the full summary
Exceptions by plaintiff, ordered to be heard in first instance at general term; The action was for injuries to real estate, owned by testatrix and alleged to have been- done in her lifetime. Among other defenses the answer set up the statute of limitations. The question was whether, under the Code of Civil Procedure, section 9, article 1, title 3, chapter 8 of part 3 of the Revised Statutes (2 Edm. 467 ; 3 Banks' 6 Ed. 733), continued in existence, as to actions by executors. The plaintiff claimed that it did.* On defendant’s motion the court dismissed the complaint, ordering the exceptions…
1DissentHorace Russell, J.
[Dissenting.]—The action was for a private nuisance; for an injury to premises belonging to the plaintiff’s testatrix, on the corner of Laight and Hudson streets, by reason of the obstruction, by the defendant, of the street and public park in front thereof. One of the defenses was the statute of limitations. The testatrix died May 29, 1874. The plaintiff was appointed executor August 12, 1874. The summons in this action was served August '21, 1880. The complaint was dismissed on the ground that the action was barred by the statute.
The complaint in form alleged a cause of action accruing in…
2Cases cited3 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1875
- Bucklin v. FordNew York Supreme Court · 1849
- Coddington v. CarnleyNew York Court of Common Pleas · 1858