KANE v. GUTMANN


196 Misc. 331 (1949)

Charles I. Kane, Plaintiff, v. James Gutmann, Defendant.

Supreme Court, Special Term, New York County.

May 17, 1949.


Attorney(s) appearing for the Case

Joseph Schwartzman for plaintiff.

Hays, Wolf, Schwabacher, Sklar & Epstein for defendant.


PECORA, J.

Defendant moves to dismiss so much of the complaint as is based upon overpayments of rent to defendant made more than one year prior to February 16, 1949, the date of the institution of this action, upon the ground that recovery is barred as to payments made before that date by the one-year Statute of Limitations contained in the Federal rent control laws. In opposition plaintiff claims that the Statute of Limitations did not begin to run until...

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