BROWNING v. NIX


47 Misc.2d 709 (1965)

Will E. Browning et al., Plaintiffs, v. Myrie Nix et al., Defendants.

Supreme Court, Erie County.

September 14, 1965


Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle (Frank G. Godson of counsel), for Ralph Johnson, defendant. Dixon, De Marie & Szymoniak (Anthony J. De Marie of counsel), for plaintiffs.


GILBERT H. KING, J.

This is a motion to dismiss the plaintiffs' complaint pursuant to CPLR 3211 (subd. [a], par. 5) on the ground that the action is barred by the Statute of Limitations.

The action was brought to recover damages for personal injuries and property damage allegedly resulting from an automobile accident which occurred on April 14, 1962.

On April 12, 1965, plaintiffs having been...

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