Moran Bros. Contracting Co. v. City of New York

This is a motion by the defendant, City of New York, to dismiss the complaint herein pursuant to the provisions of rule 113 of the Rules of Civil Practice, upon the ground that the second, third and fourth defenses are sufficient as a matter of law. The court holds that the fourth defense, viz., the Statute of Limitations, is not sufficient as a matter of law. This conclusion appears inescapable in view of the record and the decision of the Appellate Term hereinafter described which authorized the commencement of a new action. There remain for consideration the second and third defenses.

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