Defendants, Philip Garland, Jr. and Arlene Garland, by notice of motion, seek an order pursuant to CPLR 3211 (subd [a], par 5) dismissing the cause of action of the plaintiffs, Richard Limpert and Jean Limpert.
This cause of action, arising out of a fall down accident, accrued on December 29, 1975. In accord with CPLR 203 (subd [b], par 5), a copy of plaintiffs' summonses was delivered to the Sheriff of Erie County on December...
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