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Frehe v. Schildwachter

294 N.Y. 905 Court N.Y. Decision date 1945-07-19 English

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p. 905
Evelyn Frehe, an Infant, by Fred Frehe, Her Guardian ad Litem, Respondent, v. Fred Schildwachter, Appellant.
Submitted May 25, 1945;
decided July 19, 1945.
p. 906
The following questions were certified:
“1. Is the Statute of Limitations a bar to the cause of action herein?
“2. Is laches a bar to the cause of action herein? ”
William G. Walsh for appellant.
Benjamin H. Siff and Harold K. Baron for respondent.

Order affirmed, with costs. Questions certified answered in the negative. No opinion.

Concur: Lehman, Ch. J., Loughran, Lewis, Conway, Desmond, Thacher and Dye, JJ.