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STYLES v. GIBSON

27 A.D.2d 784 (1967)

Cassius F. Styles, Appellant, v. Kelley J. Gibson et al., Respondents

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

February 15, 1967

AULISI, J.

The litigation arose out of an automobile accident which occurred on October 15, 1961. The summons was served on September 29, 1964, the complaint was delivered on February 17, 1965 and the answer and counterclaim mailed on February 19, 1965. CPLR 203 (subd. [c]) is controlling (see CPLR 218, 10003) and provides in pertinent part, "A defense or counterclaim is not barred if it was not barred at the time the claims asserted in the complaint...

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