Lezynski v. Kasprzyk

This appeal is from an order denying a motion to dismiss the complaint under subdivision 5 of rule 107 of the Rules of Civil Practice on the ground that the cause of action did not accrue within the time limited for the commencement of an action thereon.

The gist of plaintiff’s complaint is that the defendant Pantera by certain wrongful acts brought about an illegal foreclosure and sale of real estate in which plaintiff’s intestate had an interest as tenant by the entirety. As we read the complaint, plaintiff does not seek to set aside the judgment in foreclosure but attempts to state a cause…