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DOWNEY v. PALMER

32 F.Supp. 344 (1939)

DOWNEY v. PALMER.

District Court, S. D. New York.

June 19, 1939.

Attorney(s) appearing for the Case

Benjamin W. Moore, of Yonkers, N. Y., for plaintiff.

John J. O'Connor, of New York City (J. Daniel Dougherty, of New York City, of counsel), for defendant.

LEIBELL, District Judge.

Defendant moves for summary judgment on the ground that the second defense set forth in the amended answer, which alleges that the cause of action stated in the complaint did not accrue within three years before the commencement of this action, and that consequently said action is barred by the statute of limitations, is a complete defense to plaintiff's alleged cause of action. Plaintiff makes...

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