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KING v. KILLUM

39 Misc.2d 48 (1963)

Olga King et al., Plaintiffs, v. James E. Killum et al., Defendants.

Civil Court of the City of New York, New York County.

April 17, 1963

Attorney(s) appearing for the Case

Christensen, Asch & Condon for Barry T. Fox, defendant. Schneider & Marcus for plaintiffs.

SIDNEY GOLD, J.

Defendant Fox moves to dismiss the complaint pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice.

The cause of action for negligence arose in January, 1959. The Secretary of State was served in October, 1962 pursuant to section 253 of the Vehicle and Traffic Law.

The only issue is whether section 19 of the Civil Practice Act tolled the Statute of Limitations.

Section 19 of the Civil Practice Act...

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