Heide v. Glidden Buick Corp.

Full title: ANDREW H. HEIDE, Respondent, v. GLIDDEN BUICK CORPORATION, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 2, 1947

188 Misc. 198 (N.Y. App. Term 1947)

67 N.Y.S.2d 905

Opinion

January 2, 1947.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, McCAFFREY, J.

Herbert G. McLear for appellant.

William H. Amend for respondent.

MEMORANDUM

Per Curiam.

The demand which is necessary to start the running of the Statute of Limitations must be made within a reasonable time. Here, as matter of law, the action is barred by the statute.

The order should be reversed, with $10 costs and motion for summary judgment dismissing the complaint granted.

SHIENTAG and HECHT, JJ., concur; HAMMER, J., dissents and votes for affirmance on the ground that under the circumstances present the question of whether demand was made within a reasonable time was one of fact to be determined on trial.

Order reversed, etc.