Harvey v. Fussell

In an action to recover damages for personal injuries, the appeal is from an order denying the motion of appellant, a nonresident, to dismiss the complaint pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice, on the ground that the alleged cause of action is barred by the Statute of Limitations (Civ. Prac. Act, § 49, subd. 6). Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ., concur.