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TAMBURO v. P & C FOOD MKTS., INC.

36 A.D.2d 1017 (1971)

Carmela D. Tamburo, Respondent, v. P & C Food Markets, Inc., Appellant

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

May 20, 1971

Order unanimously reversed, without costs, motion granted, and complaint dismissed.

Memorandum:

Plaintiff, who claimed to have been injured in defendant's place of business on April 29, 1966, delivered a summons to the Sheriff of Cayuga County on April 29, 1969, the last day on which an action for negligence could be commenced. (CPLR 214, subd. 5.) The summons failed to include in the caption the names of the court and county wherein the action was brought...

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