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De SIMONE v. FROSINA

221 A.D.2d 410 (1995)

633 N.Y.S.2d 1012

Rosa De Simone, Individually and as Administratrix of The Estate of Frank De Simone, Deceased, Respondent, v. Carl Frosina, Appellant

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

November 13, 1995

Ordered that the order is reversed, on the law, with costs, the defendant's motion to dismiss the complaint is granted, and the complaint is dismissed.

This action, commenced more than three years after the causes of action accrued, should have been dismissed as time barred. Because statutory authorization existed for obtaining jurisdiction over the defendant by means other than personal delivery of the summons within this State, the tolling provision

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