Kirsch v. Lubin

Headnote

Limitation of actions — action accrued in Canada against defendant, a then resident —• removal of resident to this State — New York Statute of Limitations applicable.

Kirsch v. Lubin, 223 App. Div. 826 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 13, 1928, unanimously affirm

ing a judgment in favor of defendant entered upon an order of Special Term, granting a motion, by defendant, for a dismissal of the complaint on the ground that the cause of action was barred by the Statute of Limitations. The cause of action on contract, not under seal, accrued in 1914 in favor of plaintiff’s assignor, a Quebec corporation, against defendant, a then resident of Canada. In 1916 defendant moved t'p this State and has since resided here. It was alleged that the action would not be barred in Quebec. The question was whether the New York or Quebec statute applied.