Opinion
Argued October 6, 1943
Decided January 13, 1944
Appeal from the Supreme Court, Appellate Division, Third Department, BREWSTER, J.
Benedict S. Rosenfeld, Benjamin Algase, Arthur B. Hart and Albert Jakobson for appellant.
Herbert G. McLear, respondent, in person.
Alfred J. Conforti for Clara McLear, respondent.
Judgments affirmed, with costs, on the ground that plaintiff has not shown facts sufficient to raise an issue with respect to the verity and conclusiveness of the documentary evidence establishing acquiescence and ratification on his part. The ten-year Statute of Limitations is the statute applicable. No opinion.
Concur: LEHMAN, Ch J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.