Coffey v. Roche
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Patrick H. Roche, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 19th day of April, 1920, denying defendant’s motion to compel the plaintiff to reply to the second and third separate defenses alleged in the defendant’s answer which set up the six and ten-year Statutes of Limitations, respectively, and to give security for costs.
1Opinion of the Court
Gbeenbaum, J.:
The action is brought by Joseph F. Coffey, as administrator with the will annexed of Michael J. Coffey, deceased, who died on March 20, 1907, leaving a last will and testament which was probated in the Surrogate’s Court of Kings county. The complaint alleges eight causes of action. In the causes of action numbered 1, 2, 3 and 4 plaintiff alleges that plaintiff’s decedent in his lifetime was the owner of certain pieces of real "property which were sold and that the proceeds or a portion thereof were in each case turned over to the defendant by the decedent during his lifetime to…
2Cases cited2 opinions
- Woolley v. . StewartNew York Court of Appeals · 1918
- Dittenfass v. HorsleyAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by1 opinion
- In re the Accounting of AquinoNew York Surrogate's Court · 1945