From Casetext: Smarter Legal Research

Zysman v. Zysman

Supreme Court, Appellate Term, First Department
Dec 5, 1930
141 Misc. 874 (N.Y. App. Term 1930)

Opinion

December 5, 1930.

Appeal from the City Court of the City of New York, New York County.

Herman Scheckner, for the appellant.

Panken Levy, for the respondent.


The Statute of Limitations did not commence to run until a demand was made ( Brehm v. Mayor, etc., of New York, 104 N.Y. 186, 192; Wenman v. Mohawk Ins. Co., 13 Wend. 268) or should have been made ( Sullivan v. Ellis, 219 F. 694; 37 C.J. 818; 1 Wood Lim. [4th ed.] § 125.) As a demand within the period of the Statute of Limitations was timely as a matter of law ( Sullivan v. Ellis, supra), the motion to strike out the defense as insufficient should have been granted.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, LYDON, LEVY and FRANKENTHALER, JJ.


Summaries of

Zysman v. Zysman

Supreme Court, Appellate Term, First Department
Dec 5, 1930
141 Misc. 874 (N.Y. App. Term 1930)
Case details for

Zysman v. Zysman

Case Details

Full title:PAULINE ZYSMAN, Appellant, v. JACOB ZYSMAN, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 5, 1930

Citations

141 Misc. 874 (N.Y. App. Term 1930)
253 N.Y.S. 335