Heath v. Normile
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Reynolds Fitzgerald, J.), entered June 18, 2014 in Broome County, which, among other things, denied defendant Joseph A. Pistoia’s motion to dismiss the action against him for failure to timely serve the complaint.
By filing a summons with notice on the last day before the expiration of the statute of limitations, plaintiff commenced this action seeking to recover damages for injuries sustained when he was hit by a vehicle operated by defendant Joseph A. Pistoia (hereinafter defendant). Although plaintiff then mistakenly served defendant with a bare…
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