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ANDERSON v. MONTICUP

124 A.D.2d 320 (1986)

Paul J. Anderson et al., as Coadministrators of The Estate of Scott M. Anderson, Deceased, Respondents, v. Anthony T. Monticup, III, et al., Appellants, et al., Defendants

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

October 16, 1986

Harvey, J.

On July 28, 1981, plaintiffs' son was involved in a motorcycle collision. Two days later, he died as a result of injuries received in the accident. On July 27, 1984, plaintiffs' attorney delivered a summons with notice to the Sheriff of Saratoga County for service on the various defendants pursuant to CPLR 203 (b) (5). The caption of the summons with notice specified the court as "Surrogate's Court, County of Saratoga". However, it appears...

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