RYDER v. TANNENBAUM


130 Misc.2d 42 (1985)

William H. Ryder, Plaintiff, v. Ruth Tannenbaum, Defendant.

Civil Court of the City of New York, Kings County.

October 2, 1985


Attorney(s) appearing for the Case

William H. Ryder, plaintiff pro se. Crudo & Crudo, P. C. (Alex Crudo of counsel), for defendant.


WILLIAM RITHOLTZ, J.

The instant case presents the issue of whether the commencement of a small claims action should be deemed to relate back to the date the summons was taken out for purposes of determining the timeliness of the claim.

In this action, plaintiff sues to recover damages to his automobile allegedly caused by defendant's negligence in a collision occurring on April 28, 1982. Subsequent to the occurrence, defendant's insurance company...

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