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ATWELL v. PLAYLAND RYE COMM

86 Misc.2d 13 (1975)

Ann Atwell et al., Plaintiffs, v. Playland Rye Commission, County of Westchester et al. Defendants.

Supreme Court, Westchester County.

December 16, 1975

Attorney(s) appearing for the Case

Pirraglia & Rosenblatt for plaintiffs. Gerald Harris, County Attorney (Bein, Campbell & Cunnion of counsel), for defendants.

LEONARD RUBENFELD, J.

Plaintiff in this negligence action moves to dismiss the affirmative defense of the Statute of Limitations on the ground that the action was timely commenced.

The accident involved a bumper car ride collision at Rye Playland on July 14, 1974. Notice of claim was served upon the "Playland Rye Commission" on September 24, 1974. This action was commenced by service of a summons and...

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