NUCCI v. JUDSON


74 Misc.2d 670 (1973)

Anthony Nucci et al., Plaintiffs, v. Paula P. Judson, Defendant.

Supreme Court, Seneca County.

July 24, 1973


Attorney(s) appearing for the Case

Bond, McDonald & Toole (Albert E. Bond of counsel), for defendant. David N. Cohen for plaintiffs.


JAMES H. BOOMER, J.

Defendant moves to dismiss the complaint upon the ground that the action is barred by the three-year Statute of Limitations. The cause of action accrued on December 7, 1968 when the defendant, while driving her automobile in the State of New York, injured the plaintiffs. This action was commenced on March 26, 1973 by the personal service of a summons on the defendant in New York State.

The plaintiffs rely upon the absence of...

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