The Frank Shepard Company, Respondent v. Zachary P. Taylor Publishing Company, Appellants

Summary

The New York Court of Appeals affirmed the Appellate Division's order granting a new trial and entering judgment absolute, holding that the action was not barred by the prior judgment and that the six‑year statute of limitations applicable to statutory liability did not expire before the plaintiff filed. The court applied a six‑year limitation period under CPL §382, beginning when the plaintiff became a judgment creditor.