DONOHUE v. SCHWARTZ


174 A.D.2d 318 (1991)

Shirley Donohue, Respondent, v. Jerold Schwartz, Appellant

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

June 4, 1991


The issue of law raised on this appeal is whether the statute of limitations is tolled by the delivery of process to a person of suitable age and discretion pursuant to CPLR 308 (2), thus rendering without jurisdictional consequence a conceded failure to mail the process to either defendant's last known residence or actual place of business within the limitations period. (The purported delivery of process was made on January 25, 1988; there was no mailing until August 2,...

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