MULLER v. STURMAN


79 A.D.2d 482 (1981)

Marjorie Muller, Respondent, v. Leon H. Sturman et al., Individually and Doing Business as Woods, Oviatt, Gilman, Sturman & Clarke, Appellants, et al., Defendant

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

March 27, 1981


Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke, appellant pro se and John Titus for appellants.

Lamb, Webster, Walz, Donovan & Sullivan (Eugene T. Clifford of counsel), for respondent.

CARDAMONE, J. P., HANCOCK, JR., and DENMAN, JJ., concur with SCHNEPP, J.; CALLAHAN, J., not participating.


SCHNEPP, J.

Appellants appeal from an order of Special Term denying their motion for summary judgment in this malpractice action which is based on their alleged failure to effect proper and timely service of process in a lawsuit brought to enforce payment on a promissory note. Appellants, who individually comprise the members of the defendant law firm, claim that the within action commenced more than three years after its accrual is barred by the Statute...

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