WATSON v. TOWN OF GREENBURGH


233 A.D.2d 438 (1996)

650 N.Y.S.2d 599

Leonard Watson, Appellant, v. Town of Greenburgh et al., Respondents

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

November 18, 1996


Ordered that the order is reversed, with costs, the defendant's motions are denied, the complaint is reinstated, the plaintiff's cross motion is granted, and the affidavits of service are deemed timely filed nunc pro tunc.

The plaintiff's action was timely commenced in 1988 as reflected by the affidavits of service of the original summons and complaint as well as the amended complaint. Thus, there was no basis to invoke the provisions of CPLR 306-b, which was not...

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