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ANDREW H. HEIDE, Respondent, v. GLIDDEN BUICK CORPORATION, Appellant.

MEMORANDUM

Per Curiam.

The demand which is necessary to start the running of the Statute of Limitations must be made within a reasonable time. Here, as matter of law, the action is barred by the statute.

The order should be reversed, with $10 costs and motion for summary judgment dismissing the complaint granted.

SHIENTAG and HECHT, JJ., concur; HAMMER, J., dissents and votes for affirmance on the ground that under the circumstances present the question of whether demand was made within a reasonable time was one of fact to be determined on trial.

Order reversed, etc.

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HEIDE v. GLIDDEN BUICK CORP
(Jan 2, 1947)