Brownstein v. Schlanger

Defendant moves to dismiss plaintiff’s summons and complaint for failure to comply with CPLR 203 and 214.

The basic and relevant facts in the case are conceded. It appears that the cause of action herein accrued October 17, 1964. The plaintiff issued a summons and complaint to the Sheriff of. Nassau County on October 17, 1967. The court holds that the service of the summons and complaint was effected within the 60-day period fixed by CPLR 203, after delivery to the Sheriff.

*905CPLR 203 (subd. [b], par. 4) permits delivery of the summons to the Sheriff. CPLR 214 states the Statute of Limitations to…