PETERSON v. LONG


136 Misc.2d 725 (1987)

Dennis E. Peterson et al., Plaintiffs, v. Mitchell E. Long et al., Defendants.

Supreme Court, Cattaraugus County.

August 27, 1987


Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle for Mitchell E. Long and another, defendants. Kysor & Della Posta for plaintiffs. Dwyer & Dwyer, P. C., for Frank Della Posta.


EDWARD M. HOREY, J.

The motion at bar is brought by the defendants. It seeks a dismissal of the plaintiff's summons on the grounds that the action for negligence commenced thereby is time barred under the applicable Statute of Limitations.

It is agreed that the summons was served three years and one day after the accrual of the cause of action. Thus the starting point of our consideration is that the...

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