Loehr v. East Side Omnibus Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGlennon, J.
The motion which was made at Special Term to dismiss the complaint under rule 107, subdivision 6, of the Rules of Civil Practice, on the ground that the cause of action was barred by the Statute of Limitations, was denied upon the theory that defendant, having filed its answer in which it set up the Statute of Limitations as an affirmative defense, had waived its right to obtain relief under the rule. A motion for a reargument was made on the ground that the answer had been attached inadvertently to the moving papers. The application for reargument was denied.
We are of the opinion that…
2Cases cited7 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
- Webber v. Herkimer & Mohawk Street RailroadNew York Court of Appeals · 1888
- Hermes v. Westchester Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1925
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3Cited by27 opinions
- In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Gelfand v. Tanner Motor Tours, Ltd.Court of Appeals for the Second Circuit · 1964
- Adams v. New York City Transit AuthorityNew York Court of Appeals · 1996
22 more not listed; retrieve them via the Exa API.