Sloman v. Bennet

The plaintiffs and the moving defendants were and are non-residents. The cause of action against the latter arose outside of this State not later than April, 1924, and, under the. *509law of the foreign jurisdiction — as established without contradiction in the moving papers — was barred by the beginning of May, 1930. The service of the summons upon Bennet was not equivalent to the commencement of the action against the movants for the reason that they are not joint contractors with Bennet, nor united in interest with him. Nor was the delivery of the summons to the sheriff of New York county an “…