MURPHY v. WEGMAN'S FOOD MKTS., INC.


140 A.D.2d 973 (1988)

Angela Murphy, Respondent, v. Wegman's Food Markets, Inc., Appellant

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

May 27, 1988


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Plaintiff allegedly suffered injuries when she fell in defendant's store on June 16, 1983. The summons and complaint in the action were not served until September 2, 1986. Defendant's motion to dismiss the complaint on the ground that the action was not timely commenced was denied by Special Term after a hearing on the issue. This denial was error.

Plaintiff concedes...

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