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RYDER v. TANNENBAUM

137 Misc.2d 326 (1987)

William H. Ryder, Respondent, v. Ruth Tannenbaum, Appellant.

Supreme Court, Appellate Term, Second Department.

April 30, 1987

Attorney(s) appearing for the Case

Crudo & Crudo, P. C. (Alexander J. Crudo of counsel), for appellant.

KASSOFF, P. J., MONTELEONE and LERNER, JJ., concur.

MEMORANDUM.

Judgment affirmed, without costs.

We are in accord with the view expressed by the court below that for Statute of Limitations purposes a claim is interposed at the time the claimant pays the filing and mailing fees and not at the time the notice is served upon the defendant. We note that CPLR 203 (b) concerns claims in complaints and is not applicable to the Small Claims Part of the Civil Court. Although...

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