GIAHN v. GIAHN


215 A.D.2d 437 (1995)

626 N.Y.S.2d 254

Joseph Giahn, Appellant, v. Esther Giahn, Respondent

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

May 8, 1995


Ordered that the order is reversed, on the law, without costs or disbursements, the plaintiff's motion is granted, and the summons and affidavit of service are deemed filed nunc pro tunc as of December 7, 1992.

The plaintiff sustained injuries on December 27, 1989. Within the applicable three-year Statute of Limitations (see, CPLR 214), the plaintiff commenced this personal injury action by purchasing an index number and allegedly filing a copy of the summons...

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