Legal Opinion

Chiaino v. Mitchell

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1992Published

1Opinion of the Court

— Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered on or about December 4, 1990, which, inter alia, denied defendant Dr. Mitchell’s motion for summary judgment, on the ground that plaintiffs’ claim against her was barred by the statute of limitations, and granted plaintiffs’ motion to add defendant Michael Truppin, P. C., as a party, unanimously affirmed, with costs.

We find plaintiffs’ service upon Dr. Mitchell, pursuant to CPLR 203 (b) (5), upon the County Clerk in the county in which she last resided or was last employed proper and sufficient to toll the statute of…

2Cases cited3 opinions

  1. Rossi v. OristianAppellate Division of the Supreme Court of the State of New York · 1975
  2. Mondello v. New York Blood Center-Greater New York Blood ProgramAppellate Division of the Supreme Court of the State of New York · 1991
  3. Chiaino v. MitchellNew York Supreme Court · 1990

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