Garfield v. Lowy

s. In an action to recover damages for breach of a contract pursuant to which plaintiff, an attorney at law, was to receive one half the proceeds of the sale of certain bearings, defendants appeal from so much of an order of the Supreme Court, Suffolk County, dated November 23, 1960, as denied their motion, pursuant to rule 112 of the Rules of Civil Practice, for judgment on the pleadings dismissing the amended complaint, on the ground that the action is barred by the Statute of Limitations and on the further ground that the action is res judicata by virtue of a final order rendered by the…