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COCKSHAW, JR. v. GUAR. TRUST CO.

283 A.D. 862 (1954)

Herbert Cockshaw, Jr., as Successor Trustee under The Will of Alfred Costello, Deceased, Respondent, v. Guaranty Trust Company of New York, Appellant

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

April 20, 1954.

MEMORANDUM BY THE COURT.

The present action is clearly barred by the Statute of Limitations (Cockshaw v. Guaranty Trust Co., 282 App. Div. 688) and, therefore, summary judgment should have been awarded to defendant; the order appealed from is reversed, without prejudice to the commencement of a new action for fraud. The circumstances might warrant an examination before trial for the purpose of framing a complaint in a new action.

DORE,...

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