GALLEWSKI v. HENTZ & CO.


301 N.Y. 164 (1950)

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

Court of Appeals of the State of New York.

Decided July 11, 1950


Attorney(s) appearing for the Case

Donald Marks, John Kilmartin, Julius B. Baer and Arthur M. Bullowa for appellant.

Milton S. Gould and Paul Simon for respondent.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


CONWAY, J.

Defendant appeals, by permission, from an order denying a motion for summary judgment seeking a dismissal of the complaint upon the ground that the cause of action alleged therein did not accrue within the time limited by law for the commencement of the action.

In November of 1934, Fritz B. Gutmann, a citizen and resident of the Netherlands, entered into an agreement with defendant, a New York...

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