Heide v. Glidden Buick Corp. — 188 Misc. 198

Majority

p. 198

Andrew H. Heide, Respondent, v. Glidden Buick Corporation, Appellant.

Supreme Court, Appellate Term, First Department,

January 2, 1947.

p. 199

Herbert G. McLear for appellant.

William H. Amend for respondent.

Memorandum The demand which is necessary to start the running of the Statute of Limitations must be made within a reasonable time. Here, as matter of law, the action is barred by the statute. •

The order should be reversed, with $10 costs and motion for summary judgment dismissing the complaint granted.

Shientag and Hecht, JJ., concur; Hammer, J., dissents and ■votes for affirmance on the ground that under the circumstances present the question of whether demand was made within a reasonable time was one of fact to be determined on trial.

Order reversed, etc.