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SANTANIELLO v. LEVY

23 Misc.2d 145 (1960)

Morris Santaniello, Plaintiff, v. Frederick Levy, Doing Business as Superior Yeast Distributors, Defendant.

Supreme Court, Special Term, Bronx County.

April 4, 1960.

Attorney(s) appearing for the Case

Pasquale J. Amico for plaintiff.

Joseph A. Owens and Samuel S. Baranow for defendant.

JOHN L. FLYNN, J.

The problem is whether this action in negligence is barred by the three-year Statute of Limitations contained in subdivision 6 of section 49 of the Civil Practice Act.

The accident occurred on February 8, 1957 and service of the original summons and complaint on the defendant was attempted by the plaintiff serving the Sheriff of Nassau County, Mineola, New York, on February 4, 1960, pursuant to section 17

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