KEARY v. GREAT ATL. & PAC. TEA CO., INC.


96 A.D.2d 499 (1983)

Georgia Keary, Appellant, v. Great Atlantic & Pacific Tea Co., Inc., Sued Herein as A & P Food Stores, Respondent

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

July 28, 1983


Unanimously reversed, upon the law, defendant's motion to dismiss the action as barred by the Statute of Limitations is denied and plaintiff's motion to strike that defense is granted, with costs.

Plaintiff's process server acted on February 6, 1981, two days before the Statute of Limitations ran out for this false imprisonment action. Since service of the summons commenced the action, the only bar to its viability must be the validity of the service. The referee...

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