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CORRELL v. COSTELLO

94 Misc.2d 397 (1978)

Theresa M. Correll et al., Plaintiffs, v. Kathleen R. Costello, Defendant.

Supreme Court, Special Term, Broome County.

May 8, 1978

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (John J. Carlin of counsel), for defendant. Joel A. Scelsi for plaintiffs.

HOWARD A. ZELLER, J.

Defendant moves for dismissal of the complaint upon the ground the action is barred by the Statute of Limitations (CPLR 3211, subd [a], par 5).

Plaintiff Theresa M. Correll alleges she was driving her car on December 19, 1974, and when she stopped for a light, an auto driven by defendant Kathleen Costello negligently struck plaintiff's vehicle. She seeks damages for her injuries, and by

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