Chilford v. Central City Cold Storage Co.

This is a motion to dismiss the complaint in a negligence action on the ground that there is an existing final judgment of a court of competent jurisdiction rendered on the merits determining the same cause of action between the parties, or their privies, and on the further ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon. The latter ground of motion primarily involves the construction of section 60 of the Civil Practice Act relating to extension of time limited for commencement of such action by reason of a claim that the…