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YARUSSO v. ARBOTOWICZ

41 N.Y.2d 516 (1977)

Antonio P. Yarusso, Respondent, v. Stanley Arbotowicz, Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1977.

Attorney(s) appearing for the Case

A. Paul Goldblum, Forest Hills, for appellant.

Stephen A. Fritz, Mineola, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

We hold that when statutory authorization exists for obtaining personal jurisdiction by some manner other than personal delivery of the summons within the State — here, sections 253 and 254 of the Vehicle and Traffic Law — the Statute of Limitations is not tolled under CPLR 207 by defendant's absence from the State, even though plaintiff may in fact be unsuccessful in obtaining jurisdiction by the manner so provided. Further, uncompleted...

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