Order reversed, on the law, with costs, motion granted, and complaint dismissed.
On May 6, 1982, a little over a week before the expiration of the Statute of Limitations, the plaintiff delivered to the Sheriff pursuant to CPLR 203 (subd [b], par 5), a summons, which, however, was without the notice required under CPLR 305 (subd [b]). The Sheriff served defendant with a copy of the summons on May 14, 1982. On or about June 25, 1982 defendant moved to dismiss the action...
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