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HEX BLDG. v. LEPECK CONSTR.

104 A.D.2d 231 (1984)

Hex Building Corp. et al., Plaintiffs, v. Lepeck Construction et al., Defendants. (Action No. 1.) Continental Insurance Company, as Subrogee of Hex Building Corp., Appellant, v. John Finnerty, as Sheriff of Suffolk County, Respondent. (And a Third-Party Title.) (Action No. 2.)

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

December 10, 1984

Attorney(s) appearing for the Case

Larry Wenig for appellant.

Curtis, Zaklukiewicz, Vasile & Devine (David Holmes of counsel), for respondent.

THOMPSON, J. P., WEINSTEIN, RUBIN and LAWRENCE, JJ., concur.

Per Curiam.

The Continental Insurance Company (plaintiff) instituted this action (action No. 2) against John Finnerty, the Sheriff of Suffolk County (defendant), to recover damages incurred by virtue of the failure of certain deputy sheriffs to timely serve summonses on some of the defendants in an underlying action. This resulted in the dismissal of the original action against those defendants, as barred by the Statute of Limitations. Special Term granted...

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