There is uncontroverted proof that some nine days before the expiration of the three-year period, plaintiff caused a summons to be delivered to defendant's son, who bears the same name as his father, in the belief that the person served was the defendant; that the son delivered the summons to his father, the defendant, the next day; and that on the same day defendant delivered the summons to his liability insurance carrier, which had investigated the claim shortly after it...
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