Childs v. Brandon

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendants’ cross motion for summary judgment should be denied.

Plaintiff is a resident of Alabama who seeks to recover on an Alabama judgment in his favor and against a dissolved Delaware corporation by proceeding against the former officers of that company, who are New York residents. Defendants moved to dismiss plaintiff’s action for being untimely under Alabama law, which defendants invoke pursuant to this State’s borrowing statute (CPLR 202).

In borrowing the Alabama Statute of…