Friedman v. Long Island Rail Road

In an action to recover damages for injuries to real property, order denying defendant’s motion to dismiss the complaint reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, with $10 costs, on the ground that the action was not commenced within the time limited by law therefor. The action is not saved by section 23 of the Civil Practice Act. On the facts it must be found that the prior action terminated *787by a voluntary discontinuance when plaintiff consented to a dismissal of the complaint, and an order was entered thereon providing for judgment in favor…