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INTERSTATE SYS. v. BEV PAC

77 Misc.2d 129 (1974)

Interstate System, Inc., Plaintiff, v. Bev Pac, Inc., et al., Defendants.

Supreme Court, Herkimer County.

March 1, 1974

Attorney(s) appearing for the Case

David N. Hurd for defendants. Dominic J. Zito for plaintiff.

J. ROBERT LYNCH, J.

This motion by the defendants under CPLR 3211 (subd. [a], par. 5) to dismiss the summons and complaint for being barred by the Statute of Limitations raises the question when is the summons "delivered" for service to the Sheriff (CPLR 203, subd. [b], par. 5), the day it was postmarked or the day the Sheriff received it.

The cause of action accrued on December 19, 1970 and had to be commenced within three years, with a 60-day...

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