BURWELL v. WHITMOYER


56 A.D.2d 950 (1977)

Virginia E. Burwell, Respondent, v. Robert Whitmoyer, Appellant, et al., Defendants

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

March 10, 1977


The underlying action is one for medical malpractice. Our concern on this appeal is whether the action against defendant Whitmoyer is barred by the Statute of Limitations. The summons was delivered to the Sheriff of St. Lawrence County on April 6, 1976 pursuant to CPLR 203 and served on defendant on or about May 20, 1976 in the State of Kentucky. The unverified complaint alleges that defendant and others treated plaintiff from September 21, 1972 until April 23, 1973. On his...

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