Fleckenstein v. Franklin National Bank

William R. Brennan, Jr., J.

This is a motion by the defendants the Franklin National Bank of Long Island and Twentieth Century Fox Film Corporation to dismiss the complaint upon the grounds (1) that “ the allegations in the complaint have been the subject of judgment * * * on the merits between the parties or their privies ” (Rules Civ. Prac., rule 107, subd. 4), and (2) that the Statute of Limitations has expired (Rules Civ. Prac., rule 107, subd. 5).

*1033The motion is denied as to the first ground and granted as to the second.

The complaint and affidavits present an interesting and involved…