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TUCKER v. LEAK

268 A.D.2d 320 (2000)

701 N.Y.S.2d 410

JOHN TUCKER, Appellant, v. FETSON LEAK, Respondent.

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

Decided January 20, 2000.

It was error for the IAS Court to dismiss the complaint. This action was timely commenced upon the filing of the summons and complaint on September 26, 1996 (CPLR 304, 203 [c] [1]). Service of process on defendant after the Statute of Limitations expired on January 10, 1997 did not render this action time-barred. The service related back to the filing of the summons and complaint, which was accomplished within the Statute of Limitations (see, Siegel, NY Prac §...

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