This is a motion by defendant under subdivision 5 of rule 107 of the Rules of Civil Practice, to dismiss plaintiff's complaint on the ground that the cause of action did not accrue within the time limited by law for the commencement of an action.
The facts are not in dispute. The action, being in negligence, is governed by the three-year Statute of Limitations. The occurrence upon which the cause is based took place on February...
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