MOFFETT v. WAYNE


149 A.D.2d 572 (1989)

Andrea Moffett et al., Respondents, v. Perry E. Wayne, Also Known as Wayne E. Perry, Appellant

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

April 17, 1989


Ordered that the order is reversed, on the law, with costs, the motion is granted and the action is dismissed.

Even assuming, arguendo, that the Statute of Limitations was properly tolled pursuant to CPLR 203 (b) (5), which is not established by the record, we find that personal jurisdiction was not obtained over the defendant. The parties agree that the person served was a neighbor of the defendant. The plaintiffs' purported service of a summons with notice pursuant...

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