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GALLEWSKI v. HENTZ & CO.

276 A.D. 219 (1949)

Werner Gallewski, as Ancillary Administrator of The Estate of Fritz B. Gutmann, Deceased, Respondent, v. H. Hentz & Company, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.

Attorney(s) appearing for the Case

Donald Marks of counsel (John Kilmartin, Arthur Bullowa and Paul Franken with him on the brief; Bouvier & Beale, attorneys), for appellant.

Milton S. Gould of counsel (Norma Hack with him on the brief; Paul Simon, attorney), for respondent.

PECK, P. J., GLENNON, DORE and SHIENTAG, JJ., concur.

VAN VOORHIS, J.

In affirming the order denying defendant's motion to dismiss the complaint upon the ground that the cause of action is barred by the Statute of Limitations, it is not necessary to decide whether the ruling of the Supreme Court of the United States in Campbell v. Holt (115 U.S. 620) is generally applicable in New York State.

Regardless of whether the...

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