Hammill v. Curtis

Appeal from an order of the Supreme Court, St. Lawrence County, denying appellant’s motion pursuant to rule 110 of the Rules of Civil Practice to dismiss a counterclaim contained in the answer on the ground that the counterclaim is barred by the Statute of Limitations. This litigation arises out of an automobile accident which occurred on October 12, 1957. The action was commenced by the service of a summons on respondent on June 10, 1958. Respondent promptly filed a notice of appearance but it was not until September 2, 1960 that appellant served his complaint. Respondent on or about May 31,…