MITCHELL v. MASTROIANNI


154 Misc.2d 448 (1992)

Lesa Mitchell, Plaintiff, v. Anthony Mastroianni, as Administrator of The Estate of Karl E. Toennies, Deceased, Defendant.

Supreme Court, Nassau County.

April 22, 1992


Attorney(s) appearing for the Case

Pizzitola & Inzerillo for defendant. Michael Colihan for plaintiff.


JOHN S. LOCKMAN, J.

This motion by defendant for summary judgment is denied.

Defendant concedes that the Statute of Limitations did not expire until July 30, 1988, and that plaintiff effected service upon it within said limitations period pursuant to an order of this court dated February 27, 1987 (Yachnin, J.). However, defendant contends that because defendant's decedent died prior to the application...

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