Rucienski v. Vanadium Corp. of America

BURKE, District Judge.

The complaint alleges a claim for damages based upon a breach of statutory duty. The complaint and bill of particulars set forth a single cause of action for damages for disease ascribed to inhalation of harmful impurities in the air and the allegations are explicit that all injurious exposure terminated not later than August 31, 1935. The defendant answered setting up the defense of the statute of limitations. The defendant then moved for summary judgment on all the papers. The motion was argued before Judge Knight, who took the motion under advisement and ordered that…