Rush v. Bauerle

This personal injury action was commenced by delivery of the summonses to the Sheriff of the county of defendants’ residence on October 11,1965 and personal service of those summonses by the Sheriff within 60 days thereafter. This procedure is authorized by CPLR 203 (subd. [b]) and service was completed on October 11, 1965.. There is a dispute as to when the cause of action accrued. Defendants state that it was October 11, 1962. Even if they are correct, service on October 11,1965 commenced the action within the three-year Statute of Limitations (CPLR 214, subd. 5) because of the method of…