Nucci v. Judson

Defendant moves to dismiss the complaint upon the ground that the action is barred by the three-year Statute of Limitations. The cause of action accrued on December 7, 1968 when the defendant, while driving her automobile in the State of New York, injured the plaintiffs. This action was commenced on March 26,1973 by the personal service of a summons on the defendant in New York State.

The plaintiffs rely upon the absence of the defendant from the State of New York to toll the three-year statute. The facts concerning the defendant’s whereabouts from the time of the accident until the time of…