Schrader v. Rughen Realty Corp. , 3 A.D.2d 675 ( 1957 )

In an action to recover a balance due, the appeal is from an order denying a motion to dismiss the complaint, pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice, on the ground that the cause pleaded therein is barred by the Statute of Limitations, with leave to allege the same facts as a defense in the answer. Order affirmed, without costs. Ho opinion. Holán, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.