Taylor v. G. P. Putnam's Sons

Each of the defendants moves by separate motion for an order pursuant to rule 3211 (subd. [a], par. 5) of the Civil Practice Law and Buies dismissing the complaint upon the ground that maintenance of the action is barred by limitation and prior adjudication. The instant action was commenced on October 8,1963. The libel, subject of this action, *1004was also the subject of a prior action which was terminated by dismissal. The publication occurred in December, 1959: The first action was commenced on September 27, 1960. Therein, before answer, a motion was made for relief pursuant to former rule 115…