Legal Opinion

Alko Manufacturing Corp. v. Neptune Meter Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 30, 1964PublishedCited by 4 opinions

1Opinion of the Court

Order, entered on August 23, 1963, denying defendants-appellants’ motion to dismiss the amended complaint, unanimously reversed, on the law, with $20 costs and disbursements to appellants, and the motion to dismiss granted, with $10 costs. The first cause of action in our view fails to state a cause of action in fraud. In our opinion, if any cause of action is stated, it is one for injury to property which is barred by the three-year Statute of Limitations. (Civ. Prac. Act, § 49, suhd. 7; CPLR 214, subd. 4.) The second cause of action is legally insufficient in that it fails to state a cause…

2Cited by4 opinions

  1. Schuler-Haas Electric Corp. v. Wager Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1977
  2. L. Fatato, Inc. v. Miller Brewing Co.District Court, E.D. New York · 1984
  3. Stone v. Solarbrite, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Eisenberg v. Toronto-Dominion Bank (In re Sider Ventures & Services Corp.)District Court, S.D. New York · 1983

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