Barnes v. City of New York

Martuscello, J.,

dissents and votes to reverse the order and to deny defendants Schwartz’ motion to dismiss the complaint, with the following memorandum, in which Hopkins, J., concurs: This is a personal injury *581action in which damages are sought, inter alia, for the loss of an eye by one of the plaintiffs resulting from an automobile accident which occurred on September 19, 1970. According to the affidavit of service timely substituted service was effected on September 11, 1973 in accordance with CPLR 308 (subd 4). It was not until March 17, 1977, more than three years after defendants…