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DENTISTS' SUPPLY CO. v. CORNELIUS

281 A.D. 306 (1953)

Dentists' Supply Company of New York, Appellant, v. E. G. Cornelius et al., Copartners Doing Business as Cornelius Products Company and General Wax Refining Company Respondents

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

March 3, 1953.

Attorney(s) appearing for the Case

Douglas M. More of counsel (Bigham, Englar, Jones & Houston, attorneys), for appellant.

Herman S. Axelrod of counsel (Maitland M. Axelrod with him on the brief; Axelrod & Axelrod, attorneys), for respondents.

CALLAHAN and BREITEL, JJ., concur with VAN VOORHIS, J.; PECK, P. J., and COHN, J., dissent and vote to affirm.

VAN VOORHIS, J.

This appeal involves the applicability of the three- or six-year Statute of Limitations. In our view, the six-year statute applies.

The complaint indicates that plaintiff is suing to recover the value of goods obtained by defendant from an employee of plaintiff, who is alleged to have transferred them without authority. Plaintiff, therefore, apparently has waived the tort of conversion...

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