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JORDAN v. BRITTON

127 Misc.2d 509 (1985)

Freddie L. Jordan, as Administrator of The Estate of Ronald C. Davis, Deceased, Plaintiff, v. Robert L. Britton et al., Defendants.

Supreme Court, Erie County.

March 5, 1985

Attorney(s) appearing for the Case

Canale, Madden & Burke for Southland Corporation and another, defendants. Pratcher & Megna (Ronald Hart of counsel), for plaintiff.

JULIAN F. KUBINIEC, J.

Defendants, Southland Corporation and Saffron Properties, Inc., by notice of motion, seek an order dismissing the complaint of plaintiff, Freddie L. Jordan, as the administrator of the estate of Ronald C. Davis, on the grounds that the applicable Statute of Limitations had run before suit was commenced.

In resisting this motion plaintiff maintains that the summons and complaint were served in accord with EPTL 5-4.1 (2) ...

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