Holly v. Healy — 119 N.Y.S. 1129

Majority

p. 1129

HOLLY v. HEALY.

(Supreme Court, Appellate Term.

November 12, 1909.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by William C. Holly against Owen D. Healy. Judgment for defendant, and plaintiff appeals.

Reversed, and new trial ordered.

Frederick W. Block, for appellant.

James C. Brady, for respondent.

The answer of the defendant, attempting to plead the statute of limitations, is fatally defective, in that it fails to allege that six years had elapsed prior to the commencement of the action and since the cause of action accrued. It was not, therefore, available to the defendant as a defense, and the dismissal of the plaintiff’s complaint was error. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.