Salsky v. Schwartz

278 A.D. 564 | N.Y. App. Div. | 1951

Order denying defendants’ cross motion to dismiss the complaint unanimously affirmed. The defense of the Statute of Limitations is not so clearly available on the face of the complaint to warrant dismissal of the complaint on motion. It should also await the showing on the trial. Present — Peck, P. J., Glennon, Dore, Cohn and Van Voorhis, JJ.