Benedetto v. Big V Supermarkets, Inc.

OPINION OF THE COURT

Ralph A. Beisner, J.

On July 7, 1981, plaintiff in this action allegedly suffered a slip and fall which caused a lawsuit for personal injuries to be instituted against Big V Supermarkets, Inc., doing business as Shop Rite Supermarket, along with two other defendants. The instant application seeks dismissal pursuant to CPLR 3212 on the grounds that no jurisdiction has ever, been obtained over Big V Supermarkets, owing to defective service.

If such is the case, and jurisdiction was never obtained, the Statute of Limitations would prevent the reinstitution of this action…