Miller v. Hainzl

At the opening of the trial, defendant moved for judgment dismissing the complaint upon the *515grounds that (1) the cause of action was barred by the Statute of Limitations; and (2) a previous action between the parties had been dismissed with prejudice.

Plaintiff cross-moved to strike out the affirmative defenses contained in the answer.

The action is in negligence, predicated on an occurrence which took place on August 4, 1952. The original lawsuit was commenced September 23, 1953, and issue was joined October 13, 1953. The case was assigned to Trial Term, Part V, of the Supreme Court, Bronx…