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Phelps v. Mayor

14 N.Y. St. Rep. 937 Court N.Y. Gen. Term Decision date 1888-03-02 English

Delivered by Van Brunt, P. J.

Contents

Majority

p. 937
ANNIE B. PHELPS, Resp’t, v. THE MAYOR, etc., App’lt.

Headnote

Statute op Limitations—When action barred by.
Appeal from judgment rendered at special term.
G. L. Sterling, for app’lt; D. D. Acker, Jr., for resp’t.

The judgment in this case must be reversed and a new trial ordered, with costs to the appellant to abide the event, for the reason that the statute of limitations has barred the action before its commencement.

The reasons for the application of the statute have been given in the case of Clowes v. Mayor[1] decided herewith.

Bartlett and Macomber, JJ., concur.

* See ante, p.