This is an action instituted against a municipality, the Village of Herkimer, amongst other defendants. A motion has been made by the defendant village to dismiss the plaintiff's complaint pursuant to CPLR 3211 (subd. [a], par. 5) pursuant to the provisions of that section which provide that a motion to dismiss may lie where the Statute of Limitations has run.
The accident which gives rise to the action occurred on October...
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