Kleila v. Miller

In an action to recover damages for assault and battery, the appeal is from an order denying defendant’s motion, under rule 107 of the Rules of Civil Practice, to dismiss the complaint on the ground that the cause of action alleged was barred by the Statute of Limitations. The summons and complaint were delivered to the Sheriff in Kings County, prior to the expiration of the two-year statutory period (Civ. Prac. Act, § 50) for service on defendant, pursuant to section 17 of the Civil Practice Act, and service after that period was made as provided in section 17. Defendant’s motion was based…