Geltman v. Levy

The defendants, Kozinn and Horstmahn, move for dismissal of the complaint pursuant to rule 106 of the Buies of Civil Practice for legal insufficiency and pursuant to rule 107 upon the ground that each cause of action is barred by the applicable Statute of Limitations. The application pursuant to rule 106 has been withdrawn without prejudice.

The claims set forth in each of the causes of action are referred to at length in the disposition of the motion of the codefendants published simultaneously herewith. [17 Misc 2d 525.]

In the first cause of action it is alleged in paragraph 9 that the…