Kuboosh v. Allied Stores Corp.

RYAN, District Judge.

Defendant moves under Rule 15(a), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for leave to serve an amended answer.

The proposed amended answer differs from the original answer in one respect only. It sets up, as a separate and complete defense, the two-year statute of limitations of the State of New Jersey, c. 24, N.J.S.A. § 2:24-2, which provides that an action to recover damages for personal injuries should be commenced and prosecuted within two years after the alleged cause of action accrued, and not afterward.

Plaintiffs sue to recover for…