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MOSKOWITZ v. ROSENBERG

71 A.D.2d 301 (1979)

Sarah Moskowitz et al., Appellants, v. Abraham A. Rosenberg et al., Respondents

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

December 10, 1979

Attorney(s) appearing for the Case

Speiser & Krause, P. C. (Lawrence Goldhirsch of counsel), for appellants.

Morris, Duffy, Ivone & Jensen (Patricia D'Alvia of counsel), for respondents.

TITONE, J. P., O'CONNOR and GULOTTA, JJ., concur.

MARGETT, J.

In a case of first impression, the question is whether an action is "commenced" upon the filing of the summons with the clerk of the court, pursuant to CPLR 203 (subd [b], par 5), where the plaintiff dies after such filing, but before timely service of the summons upon the defendants within the 60-day period contemplated by CPLR 203 (subd [b], par 5).

The original complaint seeks damages...

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