Aversano v. Town of Brookhaven

In a negligence action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County, dated September 18, 1979, which denied its motion to set aside service of process based upon plaintiffs’ failure to comply with CPLR 305 (subd [b]) and to dismiss the complaint for lack of jurisdiction of the person of the defendant. Order affirmed, without costs or disbursements. About three months before the expiration of the Statute of Limitations, the plaintiffs served a summons without the notice required under CPLR 305 (subd [b]). The defendant…