Bromley v. Cosmatos

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, dated July 24, 1979, which (1) denied their motion to strike the affirmative defense that the action was barred by the Statute of Limitations and (2) granted defendant Tsipouras’ cross motion to dismiss the complaint. Order reversed with $50 costs and disbursements, complaint reinstated, motion granted and cross motion denied. On February 15, 1979 plaintiffs filed a summons with the Clerk of the New York County Supreme Court in order to toll the Statute…