Santaniello v. Levy

The problem is whether this action in' negligence is barred by the three-year Statute of Limitations contained in subdivision 6 of section 49 of the Civil Practice Act.

The accident occurred on February 8, 1957 and sérviee of the original summons and complaint on the defendant was attempted by the plaintiff serving the Sheriff of Nassau County, Mineóla, New York, on February 4, 1960, pursuant to section 17 *146of the Civil Practice Act. On March 3,1960 the plaintiff secured an order of substituted service and the papers were received by the defendant through the mail on March 5, 1960. Under…