Bykowsky v. Public National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Public National Bank of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of October, 1923, denying its motion for judgment dismissing the complaint.
1Opinion of the Court
Finch, J.:
This is an appeal by the defendant from an order denying the defendant’s motion to dismiss the complaint upon the ground that the Statute of Limitations has run. The defendant’s motion was made under section 277 of the Civil Practice Act and rule 107, subdivision 6, of the Rules of Civil Practice. No answering affidavits were served and the motion was heard upon the summons, complaint and moving affidavits.
The complaint sets forth that on the 17th day of July, 1917, the defendant represented to the plaintiff that it was in a position, and agreed, to open a savings account with the…
2Cases cited2 opinions
- Winter v. . American Aniline Products, Inc.New York Court of Appeals · 1923
- Sokoloff v. National City BankAppellate Division of the Supreme Court of the State of New York · 1924
3Cited by9 opinions
- Schmidt v. McKayCourt of Appeals for the Second Circuit · 1977
- SCHMIDT v. McKAYCourt of Appeals for the Second Circuit · 1977
- Perkel v. Pennsylvania RailroadCity of New York Municipal Court · 1933
- Wakulaw v. State BankAppellate Division of the Supreme Court of the State of New York · 1925
- Brockhurst v. RyanNew York Supreme Court · 1955
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