DeMARTINO v. RIVERA


148 A.D.2d 568 (1989)

Joseph DeMartino, Respondent, v. Amador Rivera, Appellant

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

March 20, 1989


Ordered that the order is reversed, on the law, with costs, the motion to vacate the default is granted and the action is dismissed as time barred.

On September 4, 1984, a car driven by the plaintiff, Joseph DeMartino was struck by a car driven by the defendant, Amador Rivera, on a highway in New Jersey. At the time of the accident both the plaintiff and the defendant provided the police with addresses indicating New Jersey residences. Both vehicles were also registered...

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