Downey v. Palmer

LEIBELL, District Judge.

Defendant moves for summary judgment on the ground that the second defense set forth in the amended answer, which al*345leges that the cause of action stated in the complaint did not accrue within three years before the commencement of this action, and that consequently said action is barred by the statute of limitations, is a complete defense to plaintiff’s alleged cause of action. Plaintiff makes a cross-motion to dismiss the said second defense on the ground that it does not constitute a legal defense to plaintiff’s claim.

The complaint is based upon the statutory…