Lebowitz v. Singer

Opinion by

Cercone, J.,

This is an appeal from the lower court’s granting of defendants’ petition to dismiss plaintiffs’ action in trespass on the grounds that the statute of limitations had expired.

The accident in this case occurred on September 28, 1964. Plaintiffs filed a praecipe for writ of summons in September, 1966, reissued it in September, 1968 and again in September, 1970. At no time was the writ *277served on defendants. At this point plaintiffs had until September 28, 1972 to reissue the writ in order to continue tolling the statute (Goodrich-Amram, §1007-3 and 1010). On November 24,…