Citations

Full opinion text

Motion for reargument denied. In deciding that the alleged defects in their totality presented a question of fact under the pleadings we did not preclude the court on the trial from giving free consideration to the claim that the Statute of Limitations has run. Motion for leave to appeal to the Court of Appeals denied, with $10 costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ. [See 280 App. Div. 1018.]