Charm-Tex, Inc. v. Sears, Roebuck & Co.

—Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered September 23, 1994, dismissing the complaint and bringing up for review an order of the same court and Justice entered August 11, 1994, which granted defendant’s motion for summary judgment, unanimously affirmed, with costs.

The Statute of Limitations was correctly reckoned as of the date service was properly made, it being of no consequence that defendant received actual notice of the action with the first, improperly served summons and complaint (De Zego v Donald F. Bruhn, M.D., P. C, 99 AD2d 823, affd 67 NY2d 875).…