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WIEBOLDT v. RENTWAYS, INC.

52 Misc.2d 931 (1967)

Edward Wieboldt et al., Plaintiffs, v. Rentways, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

January 19, 1967

Attorney(s) appearing for the Case

Henry Wolfman for Rentways, Inc., defendant. Matthew P. Brady for plaintiffs.

WILLIAM R. BRENNAN, JR., J.

This motion pursuant to CPLR 3212 to dismiss the complaint on the ground that the action is barred by the 3-year Statute of Limitations (CPLR 214, subd. 5) is denied.

The accident occurred on June 5, 1963. To avert the tolling of the Statute of Limitations the plaintiffs delivered the summons to the Sheriff of the City of New York, New York County Division on June 3, 1966. The statute (CPLR 203, subd. [b]) provides...

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