Mitchell v. Mastroianni

OPINION OF THE COURT

John S. Lockman, J.

This motion by defendant for summary judgment is denied.

Defendant concedes that the Statute of Limitations did not expire until July 30, 1988, and that plaintiff effected service upon it within said limitations period pursuant to an order of this court dated February 27, 1987 (Yachnin, J.). However, defendant contends that because defendant’s decedent died *449prior to the application for expedient service, jurisdiction was not secured because the prior death rendered the order for service void. While defendant is correct in his contention that in the…