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MILLER v. HAINZL

29 Misc.2d 514 (1961)

Martin G. Miller, Plaintiff, v. Frank Hainzl, Doing Business as Tallwood Lodge, Defendant.

City Court of the City of New York, Trial Term, Bronx County.

June 9, 1961

Attorney(s) appearing for the Case

George T. Nicholson for defendant. (Garfield, Clifford & Fagan (Richard C. Mooney, Jr., of counsel), for plaintiff.

NATHANIEL T. HELMAN, J.

At the opening of the trial, defendant moved for judgment dismissing the complaint upon the grounds 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...

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