People v. Society of Saint Joseph Palo Del Colle, Italy, Inc.

This is a motion under rule 107 of the Rules of Civil Practice to dismiss the complaint on the ground that the action is barred by the Statute of Limitations. The action was brought by the Attorney-General in July, 1940, under article 8 of the General Corporation Law to vacate and annul the charter of the defendant society. A number of alleged ultra vires acts occurring between *4201930 and January 30, 1937, are set forth in the complaint as the basis for the relief requested.

Defendant urges that either subdivision 3 of section 49, or subdivision 2 of section 50 of the Civil Practice Act,…