Order unanimously affirmed, with $20 costs and disbursements to defendants-respondents.
This action was commenced after it was barred by the Statute of Limitations (Civ. Prac. Act, § 50) and was not saved by the provisions of section 23 of the Civil Practice Act which, in substance, enables a plaintiff a year after the termination, on grounds other than upon the merits, a voluntary discontinuance or neglect to prosecute, to sue again on the same cause of action...
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