Press v. Draper

Action for breach of promise of marriage. The defendant moves to dismiss the complaint on the ground that the cause of action did not accrue within six years and is thus barred by *264the -Statute of Limitations (Civ. Prac. Act, § 48). This motion is one made pursuant to rule 107 of the Rules of Civil Practice, and affidavits may be considered. In order, however, to have the court grant such motion, it must so clearly appear as to be without substantial dispute that the cause of action is barred. Issues of fact cannot be tried on affidavit on such a motion. The affidavits herein Would raise such…