Angelo v. City of New York

Memorandum Per Curiam.

The plaintiff after the dismissal without prejudice of the first action could, within one year, commence another action. (Civ. Prac. Act, § 23.) The opinion at Special Term in Bellinger v. German Insurance Co. (51 Misc. 463), adopted by the Appellate Division in affirming (113 App. Div. 917), and affirmed in the Court of Appeals (189 N. Y. 533) sets forth the reasons why section 10 of the Civil Practice Act *371does not apply to section 23 of the Civil Practice Act. The latter section is not deemed to be one of the Statutes of Limitation specified in section 10. Like…