Pomerantz v. Cave

Order unanimously affirmed, with $20 costs and disbursements to defendants-respondents. This action was commenced after it was barred by the Statute of Limitations (Civ. Prac. Act, § 50) and was not saved by the provisions of section 23 of the Civil Practice Act which, in substance, enables a plaintiff a year after the termination, on grounds other than upon the merits, a voluntary discontinuance or neglect to prosecute, to sue again on the same cause of action. The dismissal of the appellant’s prior actions, pursuant to rule 302 of the Rules of Civil Practice, by reason of the fact that they…