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DE MARIA v. SMITH

197 A.D.2d 114 (1994)

Michael De Maria, Respondent, v. Dorothy T. Smith et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 21, 1994

Attorney(s) appearing for the Case

Thuillez, Ford, Gold & Conolly, Albany (Ann C. Crowell of counsel), for appellants.

Insogna & McCoski, Amsterdam (Kelli P. McCoski of counsel), for respondent.

MIKOLL, J. P., CREW III, CASEY and YESAWICH JR., JJ., concur.

PETERS, J.

This action for personal injuries arose from a motor vehicle accident which occurred on November 15, 1989. On October 14, 1992, one month and one day prior to the expiration of the Statute of Limitations, plaintiff purchased an index number from the Montgomery County Clerk's office. No other documents were filed at that time and neither filing nor service of a summons on or before November 15, 1992...

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