Kearns v. Moyer

Case held, decision reserved, and matter remitted to Special Term, Supreme Court, Jefferson County, for further proceedings, in accordance with the following memorandum: Plaintiff appeals from an order of the Supreme Court, Jefferson County, which dismissed his complaint, seeking to recover damages for injuries sustained in an assault on September 15,1976 on the basis that plaintiff’s cause of action was barred by the Statute of Limitations. On September 15,1977, the last day on which to commence a cause of action for assault, plaintiff’s attorney “sent out” a summons to the Monroe County…