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LEYDEN v. EXCELLO CORPORATION

Civ. A. No. 1143-59.

188 F.Supp. 396 (1960)

Michael LEYDEN, Plaintiff, v. EXCELLO CORPORATION, a Michigan corporation authorized to do business in the State of New Jersey, Lonnie Furgesen and Gene Gottemoller, Defendants.

United States District Court D. New Jersey.

November 4, 1960.

Attorney(s) appearing for the Case

McDonough & Sullivan by Richard C. McDonough, Plainfield, N. J., for plaintiff.

McKeown, Harth & Enright, by Vincent D. Enright, Jr., Newark, N. J., for defendants.

HARTSHORNE, District Judge.

This negligence action was filed in this Court more than two years, but less than three years, since the accident. The action is therefore barred by the New Jersey Statute of Limitations, N.J. S.A. 2A:14-2, but not by the New York Statute, Civil Practice Act, § 49. Defendants Excello (a Michigan corporation authorized to do business in New Jersey) and Gottemoller (a New Jersey resident) accordingly filed a motion for summary judgment...

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