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FISHER v. TIER OIL CO.

75 Misc.2d 162 (1973)

Ingerborg M. Fisher et al., Plaintiffs, v. Tier Oil Company et al., Defendants.

Supreme Court, Special Term, Broome County.

August 2, 1973

Attorney(s) appearing for the Case

Stearns & Stearns (Stephen D. Smyk of counsel), for Tier Oil Company, defendant. Coughlin, Dermody & Guy (Donald G. Sweeney of counsel), for plaintiffs.

DAVID F. LEE, JR., J.

The defendant Tier Oil Company moves "for an Order dismissing the second cause of action in the Plaintiffs' complaint as against [it] because of the plaintiffs' failure to serve a summons and complaint within three years of the alleged occurrence, pursuant to CPLR 214 (subd. 4) upon the ground that the Statute of Limitations has run against the asserted cause of action in negligence and...

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