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BUMPUS v. NYC TR. AUTH.

66 A.D.3d 26 (2009)

883 N.Y.S.2d 99

TRACY BUMPUS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant, and "JANE DOE," Appellant.

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

Decided July 7, 2009.

Attorney(s) appearing for the Case

Richard Schoolman, Brooklyn (Kimberly Westcott of counsel), for appellant.

Robert F. Bacigalupi, New York City (Armen Merjian of counsel), for respondent.

SPOLZINO, J.P., FLORIO and BELEN, JJ., concur.

OPINION OF THE COURT

DILLON, J.

A plaintiff's attorney commencing an action against an unknown "Jane Doe" defendant is sometimes between a statutory rock and a hard place in effecting service of process upon the unidentified defendant within the 120-day deadline of CPLR 306-b. This case presents us with one such scenario, where a "Jane Doe" defendant was served with process almost eight months after the filing of...

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