Keary v. Great Atlantic & Pacific Tea Co.

— Order entered June 29, 1982 in Supreme Court, Bronx County (Alfred J. Callahan, J.) which, inter alia, confirmed the referee’s report and dismissed the action on the ground of the Statute of Limitations, unanimously reversed, upon the law, defendant’s motion to dismiss the action as barred by the Statute of Limitations is denied and plaintiff’s motion to strike that defense is granted, with costs. Plaintiff’s process server acted on February 6, 1981, two days before the Statute of Limitations ran out for this false imprisonment action. Since service of the summons commenced the action, the…