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ROBERTS v. SCHUH

55 Misc.2d 996 (1968)

George B. Roberts, Plaintiff, v. Howard E. Schuh, Defendant.

Supreme Court, Orange County.

February 8, 1968

Attorney(s) appearing for the Case

Vander Voort, Cline & MacVean for defendant. Roland, Hurley & Fox for plaintiff.

CLARE J. HOYT, J.

Defendant moves for summary judgment, asserting the bar of the three-year Statute of Limitations applicable to personal injury actions. The accident in suit occurred on January 14, 1964. Defendant was personally served with a summons on March 10, 1967. Although the summons had been forwarded to the Sheriff of Orange County on January 13, 1967 defendant was then a resident of Westchester County...

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