Hanover National Bank v. Oriental Bank — 162 A.D. 894

Majority

p. 894

The Hanover National Bank of the City of New York, Respondent, v. The Oriental Bank of New York, Appellant.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 29th day of December, 1913, denying'a motion to strike out as irrelevant certain allegations in the complaint.

If the defendant desires to raise the question as to whether or not the claim is Darred by the Statute of Limitations, it cannot be done by a motion to strike out, but must be taken by answer. The order is affirmed, with ten dollars costs and disbursements. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order affirmed, with ten dollars costs and disbursements.