Conway v. Kaupp

The only issue involved herein under the stipulated facts is whether the action was barred by limitation at the time of its commencement.

The summons herein Was delivered May 9, 1930, to the sheriff of Queens county. Such delivery extends the statute for an additional sixty days after the expiration of the time limited for the actual commencement of the action by personal service. (Civ. Prac. Act, § 17.) Personal service was made on July 9, 1930.

The order directing liquidation was made on April 5, 1923. Thereafter the report of the liquidator with an audit of the affairs of the company was…