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QUATTRONE v. ROCHESTER

No. 7915SC1012.

266 S.E.2d 40 (1980)

Paul J. QUATTRONE v. George Wofford ROCHESTER.

Court of Appeals of North Carolina.

May 20, 1980.

Attorney(s) appearing for the Case

Latham, Wood & Balog, by B. F. Wood and Steve A. Balog, Graham, for plaintiff-appellee.

Smith, Moore, Smith, Schell & Hunter, by J. Donald Cowan, Jr. and William L. Young, Greensboro, for defendant-appellant.

ROBERT M. MARTIN, Judge.

Defendant argues that the failure of plaintiff to file the affidavit of compliance required under G.S. 1-105(3) until after the hearing on the motion to dismiss which was more than three years after the accident and 114 days after service of the summons on the Commissioner of Motor Vehicles, renders the purported service invalid.

The case sub judice is controlled by two cases: Ridge v. Wright, 29 N.C...

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