Berlin v. Ogren

Appeal from an order of the Supreme Court at Special Term, entered March 7, 1978 in Delaware County, which granted defendant’s motion to dismiss the complaint, pursuant to CPLR 3211 (subd [a], pars 5, 8), upon the grounds that the action was time barred and that the court lacked jurisdiction of the person of defendant. Plaintiff was a resident of New York and defendant was a resident of South Carolina when, on December 12, 1973, the parties were involved in an automobile accident on Black River Road in Bainbridge, New York. Subsequently, almost three years later, on December 2, 1976,…