| N.Y. App. Div. | Oct 15, 1937
While the claim involved is of doubtful merit, the defense of the Statute of Limitations cannot be sustained on motion as there is conflict of fact as to when the demand for the return of the money was made. Order unanimously affirmed, with twenty dollars costs and disbursements. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.