KASSOVER v. MORGAN


13 Misc.2d 960 (1958)

Selma Kassover et al., Plaintiffs, v. Everett Morgan et al., Defendants.

Supreme Court, Special Term, Kings County.

June 4, 1958.


Attorney(s) appearing for the Case

Baier, Chamberlin & Hartig for Everett Morgan, defendant appearing specially.

Herman Reich for plaintiffs.


CHARLES J. BECKINELLA, J.

This is a motion by a defendant who purports to appear "specially for the purpose of this motion only", for judgment pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice on the ground that the action was not commenced within the three-year Statute of Limitations.

A party appears generally when he raises "an objection to the complaint in point of law". (Civ. Prac. Act, § 237.) (See Montgomery v...

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