Opinion
March 31, 1952.
In an action against stockbrokers by a customer, to recover corporate bonds or the value thereof, the order on appeal denies appellants' motion, under rule 107 of the Rules of Civil Practice, to dismiss the amended complaint on the grounds of a bar by the Statute of Limitations, a general release, and res judicata; denies their alternative motion, under rule 103, to strike certain paragraphs from the amended complaint on the same grounds, and as sham and frivolous; and grants leave to appellants to assert their contentions by way of affirmative defenses. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Carswell, Adel, Wenzel and Schmidt, JJ., concur. [See post, p. 1024.]