Wilson v. O'Neal

Defendant De Carlos, sued herein as Marilyn Patricia De Carlos, by way of defense to an action for *838personal injuries arising out of an automobile accident, sets up an affirmative defense of the Statute of Limitations and, further, that the court does not have jurisdiction over her in that the summons and complaint were not served pursuant to CPLB 308.

On a motion by plaintiff to strike these defenses, it was directed that a hearing be held on the question of service, and that a decision on that portion of the motion addressed to the affirmative defense that the Statute of Limitations has…