Kleeman v. Rheingold

Rosenberger, J. (dissenting).

I dissent from the majority which affirms the grant of summary judgment to defendants, but on narrower grounds than does Justice Milonas.

Defendants failed to take the precaution against defective service entailed in filing the summons and complaint with the County Clerk as provided in CPLR 203 (b) (5), so as to extend the period of limitation for sixty days. While I agree with the majority that an attorney should not be held vicariously liable for the negligence of a licensed process server who is employed by an independent process service agency to which the…