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YOUNG v. YAGER

265 A.D.2d 864 (1999)

695 N.Y.S.2d 800

HOWARD F. YOUNG, Appellant, v. DONNA A. YAGER et al., Respondents.

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

Decided October 1, 1999.

Order unanimously affirmed without costs.

Memorandum:

Plaintiff was injured in an automobile accident on August 2, 1994. He commenced this action by obtaining an order pursuant to CPLR 304 on August 6, 1997 and filing a summons with notice with the court clerk on that same day. Supreme Court properly dismissed the complaint as time-barred. CPLR 304 provides in relevant part that, "[w]here a court finds that circumstances prevent immediate filing, the signing...

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