Zahralban v. City of New York

Defendant moves pursuant to rule 113 of the Rules of Civil Practice to dismiss the complaint herein on the basis of the affirmative defenses interposed in its answer, namely, (1) that the action was not instituted within the period prescribed by law and is therefore barred; and (2) that plaintiffs had instituted a prior action for the same causes of action as alleged in the complaint herein and that the defendant had duly recovered therein a judgment upon the merits against said plaintiffs.

In 1945 plaintiffs brought an action to recover damages arising out of personal injuries alleged to have…