HEATH v. NORMILE

520104

131 A.D.3d 754 (2015)

15 N.Y.S.3d 509

2015 NY Slip Op 06469

KIP A. HEATH, Respondent, v. BRIAN R. NORMILE, Defendant, and JOSEPH A. PISTOIA, Appellant.

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

Decided August 6, 2015.


By filing a summons with notice on the last day before the expiration of the statute of limitations, plaintiff commenced this action seeking to recover damages for injuries sustained when he was hit by a vehicle operated by defendant Joseph A. Pistoia (hereinafter defendant). Although plaintiff then mistakenly served defendant with a bare...

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