Order reversed with $50 costs and disbursements, complaint reinstated, motion granted and cross motion denied.
On February 15, 1979 plaintiffs filed a summons with the Clerk of the New York County Supreme Court in order to toll the Statute of Limitations pursuant to CPLR 203 (subd [b], par 5). Defendant Tina Tsipouras was a resident of New York County but venue of the action was in Nassau County. It is apparent that under these circumstances in order for plaintiffs...
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