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WOOD v. WOOD

No. 67 Civ. 2513.

312 F.Supp. 758 (1969)

Prudence Tallman WOOD, Plaintiff, v. James S. WOOD et al., Defendants.

United States District Court, S. D. New York.

January 23, 1969.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City, for plaintiff; Charles G. Moerdler, Gerald D. Fischer, Pat G. Nicolette, New York City, of counsel.

White & Case, New York City, for defendant Bankers Trust Co.; David Hartfield, Jr., Paul J. Bschorr, New York City, of counsel.

OPINION

McLEAN, District Judge.

Defendant Bankers Trust Company (Bankers) moves for summary judgment on the ground that this action is barred as to it by the three-year statute of limitations contained in Section 49 of the New York Civil Practice Act. Jurisdiction of the subject matter of the action is based on diversity of citizenship. The transactions complained of, as far as Bankers is concerned, occurred in New York. It is clear that New York law governs...

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