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PERSONIS v. OILER

No. 53, Docket 89-7091.

889 F.2d 424 (1989)

George PERSONIS and Jean G. Personis, Plaintiffs-Appellants, v. Robert OILER and Douglas K. Abel Leasing, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 8, 1989.

Attorney(s) appearing for the Case

Richard Pertz, Utica, N.Y. (Julian & Pertz, Utica, N.Y., on the brief), for plaintiffs-appellants.

James R. Griffith, Utica, N.Y. (Felt, Hubbard & Bogan, Utica, N.Y., on the brief), for defendants-appellees.

Before FEINBERG and NEWMAN, Circuit Judges, and DUMBAULD, Senior District Judge.

JON O. NEWMAN, Circuit Judge:

A New York statute provides a procedure whereby a plaintiff may obtain a sixty-day extension of the applicable statute of limitations by delivering a summons to a designated official and having the summons served within sixty days after the expiration of the limitations period. N.Y.Civ.Prac.Law § 203(b)(5) (McKinney 1972 & Supp.1989). The issue in this case is whether section 203(b)(5) applies to a federal court diversity suit...

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