Balter v. Janis

The question presented herein is whether an attempt to commence this negligence action by delivery of the summons and complaint to the office of the Sheriff of the City of New York, at its New York County Division, on November 21, 1950, was effective to give plaintiff the benefit of the sixty-day additional period allowed by section 17 of the Civil Practice Act under the circumstances hereinafter set forth.

The action is in negligence and accrued November 22, 1947. Under the statutory three years’ limitations period it would have lapsed on November 22, 1950. Plaintiff concedes that the New…