DOMINQUEZ v. DE TIBERUS


78 A.D.2d 848 (1980)

Raymond Dominquez, Appellant, v. Dennis De Tiberus, Respondent

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

November 3, 1980


Order affirmed, without costs or disbursements.

On November 14, 1977, just four days prior to the expiration of the Statute of Limitations, plaintiff filed a copy of the summons and complaint with the Queens County Sheriff in an attempt to toll the Statute of Limitations pursuant to CPLR 203 (subd [b], par 5). Compliance with that section, pursuant to its amendment effective September 1, 1976, and thus applicable at the time of attempted service herein, required that...

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