NEW YORK STATE ELEC. & GAS CORP. v. CLAIR


23 A.D.2d 602 (1965)

New York State Electric & Gas Corporation, Respondent, v. Richard Clair, Appellant

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

February 17, 1965


Per Curiam.

Delivery of the summons to the Sheriff of Seneca County prior to the expiration of the statutory period did not effectively extend the time within which the action could be commenced since it appears, without dispute, that appellant was then a resident of Ontario County; and, indeed, plaintiff's complaint alleges that at the time of all acts complained of defendant "was a resident of * * * Seneca County * * * and is presently a resident of...

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