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CHIAINO v. MITCHELL

181 A.D.2d 509 (1992)

Laraine Chiaino et al., Respondents, v. Barbara Mitchell et al., Appellants

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

March 12, 1992

We find plaintiffs' service upon Dr. Mitchell, pursuant to CPLR 203 (b) (5), upon the County Clerk in the county in which she last resided or was last employed proper and sufficient to toll the statute of limitations for an additional 60 days, within which time personal service upon Dr. Mitchell was complete. It is of no consequence that plaintiffs may have known Dr. Mitchell's address outside of the State prior to delivery of the summons to the County Clerk. (Rossi v...

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