Marcy v. Woodin

Appeal from an order of the Supreme Court at Special Term which denied defendant’s motion to dismiss the complaint on the ground that the three-year Statute of Limitations has run against the action, which is brought to recover damages for the contamination of plaintiff’s water well allegedly caused by defendant’s acts of negligence in the delivery of fuel oil. There is uncontroverted proof that some nine days before the expiration of the three-year period, plaintiff caused a summons to be delivered to defendant’s son, who bears the same name as his father, in the belief that the person…