Family Bargain Centers, Inc. v. Village of Herkimer

This is an action instituted against a municipality, the Village of Herkimer, amongst other defendants. A motion has been made by the defendant village to dismiss the plaintiff’s complaint pursuant to CPLR 3211 (subd. [a] , par. 5) pursuant to the provisions of that section which provide that a motion to dismiss may lie where the Statute of Limitations has run.

The accident which gives rise to the action occurred on October 4, 1966. The service of a bare summons was made on the defendant village on January 4,1968. The summons was mailed to the Sheriff of Herkimer County on December 28, 1967…