New York Court of Appeals

Clara I. Sielcken-Schwarz, Respondent v. American Factors, Limited, Appellant

July 3, 1934265 N.Y. 239

Summary

The New York Court of Appeals reversed the lower courts, granting the defendant's motion to dismiss under Rule 107 subdivision 6 because the fraud claim was barred by the statute of limitations, and declined to answer the question on res judicata under subdivision 5.