Limpert v. Garland

OPINION OF THE COURT

Rudolph U. Johnson, J.

Defendants, Philip Garland, Jr. and Arlene Garland, by notice of motion, seek an order pursuant to CPLR 3211 (subd [a] , par 5) dismissing the cause of action of the plaintiffs, Richard Limpert and Jean Limpert.

This cause of action, arising out of a fall down accident, accrued on December 29, 1975. In accord with CPLR 203 (subd [b] , par 5), a copy of plaintiffs’ summonses was delivered to the Sheriff of Erie County on December 29, 1978 and substituted service was thereafter made on January 12, 1979.

Defendants maintain that this service was…