Majority
p. 788Max Cohen, Appellant, v. The City Company of New York, Formerly Known as The National City Company, and The National City Bank of New York, Respondents.
Order and judgment affirmed, with costs. No opinion. Martin, P. J., Glennon, Untermyer and Dore, JJ., concur. Untermyer, J.; I concur in the affirmance. (See Restatement, Restitution, chap. 1, § 5, subd. b; Id. chap. 7, Introductory Note, p. 523.) Callahan, J., dissents and votes to reverse and deny the motion on the ground that the substance of the action and the nature of the right should determine the question whether the Statute of Limitations is a bar.