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PETRONE v. S.S.K.S. CORP.

128 Misc.2d 806 (1985)

Carmela Petrone, Plaintiff, v. S.S.K.S. Restaurant Corp., Doing Business as Omega Inn Restaurant and Diner, Defendant.

Supreme Court, Special Term, Queens County.

June 25, 1985

Attorney(s) appearing for the Case

Harold M. Foster and John B. Cartafalsa for defendant. Michael Singer for plaintiff.

FRED T. SANTUCCI, J.

This is a motion by defendant pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that the action herein is time barred. The plaintiff opposes the application on the ground that the summons was served and the action was timely commenced pursuant to CPLR 203 (b) (5).

The issue before this court is whether the manner in which the original summons in this action was filed with the county clerk was sufficient...

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