ZUPO v. ALLSTATE INS. CO.


40 Misc.2d 134 (1963)

Albert Zupo, Plaintiff, v. Allstate Insurance Company, Defendant.

Supreme Court, Special Term, Nassau County.

August 14, 1963


Attorney(s) appearing for the Case

Warburton, Hyman, Deeley & Connolly for defendant. Morris Sherman for plaintiff.


WILLIAM J. SULLIVAN, J.

This is a motion under rule 107 of the Rules of Civil Practice to dismiss the complaint in this action based on negligence upon the ground that the cause of action is outlawed by the Statute of Limitations. Following an abortive attempt to secure jurisdiction over the defendant by serving a copy of the summons and complaint upon a person not authorized to accept service on behalf of the defendant (N. Y. L. J., May 15, 1963, p....

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