Marchetti v. Linn

The motion to dismiss the complaint as to the defendant Keating on the ground that the cause of action did not accrue within the time limited by law for the commencement thereof is granted. The action is to recover for personal injuries alleged to have been sustained by plaintiff on August 5, 1945, and for expenses incurred in connection therewith due to the alleged negligence of the defendants.

It is conceded that service of the summons on the defendant Keating was not timely. It is contended that since service on the defendant Linn was concededly timely, the action must be deemed to have…