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WILEY v. CHALOFF

156 A.D.2d 916 (1989)

Darlene Wiley, Appellant, v. Rhoda Chaloff et al., Respondents

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

December 28, 1989

Casey, J.

Supreme Court properly denied plaintiff's motion to compel acceptance of the complaint in this negligence action. The action was commenced in 1982 by the service of the summons alone. Since the summons did not contain the notice required by CPLR 305 (b), plaintiff never acquired personal jurisdiction over defendants (see, Parker v Mack, 61 N.Y.2d 114) and the Statute of Limitations has long since...

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