McCabe v. Gelfand

Motion by the plaintiff for an

order dismissing the separate, distinct and complete defenses contained in paragraphs “ 7 ” through “ 9 ” inclusive of the second amended answer upon the ground that a defense is not stated therein. More specifically, the defendants have interposed the Statute of Limitations as a defense to the allegations contained in the second amended complaint.

The facts as alleged, in brief, are as follows:

In an action commenced on March 25, 1958, the plaintiff, judgment creditor, sued the defendant, judgment debtor, Sam Gelfand, among others, for personal injuries, claiming…