Schnabel v. Huggins

In an action, inter alia, to recover damages for trespass, the defendant appeals from so much of an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated August 15, 2003, as denied her motion to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

With respect to that branch of her motion which was to dismiss the complaint insofar as asserted against the estate of Carl Schultz, the defendant asserted that the action was untimely pursuant to SCPA 1810 because it was not commenced within 60 days of the denial by the fiduciary of the…