Opinion
October 29, 1951.
Order, entered upon reargument, denying defendant's motion for judgment dismissing the complaint under rule 107 of the Rules of Civil Practice, upon the ground that there is an existing final judgment or decree of a court of competent jurisdiction rendered on the merits, determining the same cause of action between the parties, and upon the further ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon, affirmed, insofar as appealed from, with $10 costs and disbursements. Appellant's time to answer is extended until fifteen days after entry of the order hereon. No opinion. Nolan, P.J., Carswell, Johnston, Sneed, and Wenzel, JJ., concur.