The former decision (275 App. Div. 631) determined that the Statute of Limitations would not necessarily bar the prosecution of this action. A motion to dismiss the complaint on that ground was denied inasmuch as it appeared from the complaint that the cause of action sounded in equity. The defenses of the Statute of Limitations should not be stricken from the answer, however, in the event that plaintiff's proofs shape themselves in such a manner as to indicate that there...
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