Corradino v. Jones

These two actions are in tort and arise out of an automobile accident which occurred on December 8, 1953. The defendant has moved under rule 107 of the Rules of Civil Practice for judgment dismissing the complaints on the ground that the three-year Statute of Limitations had expired prior to the commencement of the plaintiffs’ actions.

It is claimed by the defendant that the actions were commenced after the defendant had resided physically more than three years within the State of New York, and apparently in an open and unconcealed manner. The minutes of the examination of the defendant,…