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MILLER v. ERIE LACKAWANNA R.R. CO.

72 A.D.2d 956 (1979)

Virginia B. Miller, Individually and as Administratrix of The Estate of Lavern M. Miller, Deceased, Respondent, v. Erie Lackawanna Railroad Company, Appellant

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

November 16, 1979

Order unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

The question presented in the appeal of this wrongful death action is whether the Statute of Limitations was tolled by delivery of a summons to the Sheriff of Erie County on November 7, 1977, eight days before the period of limitations expired, and service on the defendant corporation in Cleveland, Ohio, within 60 days thereafter. The cause of action arose in Allegany...

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