Neuman v. Levy

Order striking out the affirmative defense of the Statute of Limitations contained in paragraphs fifth to ninth, inclusive, of the defendant’s answer in a negligence action brought by the administrator to recover damages resulting from the death of plaintiff’s intestate through the alleged negligence of the defendant affirmed, with ten dollars costs and disbursements. We are of opinion that the limitation of time contained in the Decedent Estate Law (§ 130) within which an action may be brought by an executor or administrator for negligence causing death of the decedent is not a defense to an…