Kavanagh, J.
On April 18, 2003, plaintiff and defendant Debra A. Briggs were involved in a motor vehicle accident in the Town of Fallsburgh, Sullivan County. Plaintiff subsequently commenced an action against defendants by filing a summons and verified complaint with the Sullivan County Clerk, which were stamped filed and received on April 19, 2006. Defendants moved to dismiss the complaint pursuant to CPLR 3211 (a) (5) claiming that the filing of the summons and...
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