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PARKHURST v. FIRST & MERCH

100 Misc.2d 69 (1979)

Lou S. Parkhurst, Plaintiff, v. First & Merchants Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

May 10, 1979

Attorney(s) appearing for the Case

Mele & Hannafey for First & Merchants Corporation, defendant. Julien, Schlesinger & Finz for plaintiff.

HERBERT SHAPIRO, J.

In this action seeking to recover for personal injuries, the defendant First & Merchants Corporation (First) moves to dismiss the complaint as being time-barred. The plaintiff cross-moves to dismiss the affirmative defense interposed by First based upon the Statute of Limitations.

The accident underlying the plaintiff's claim occurred on January 9, 1974. Thereafter, and on January 7, 1977, a copy

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