Dominquez v. De Tiberus

In a negligence action to recover damages for personal injuries, etc., plaintiff appeals from an order of the Supreme Court, Queens County, dated September 25,1979, which granted defendant’s motion to dismiss the complaint as barred by the Statute of Limitations. Order affirmed, without costs or disbursements. On November 14, 1977, just four days prior to the expiration of the Statute of Limitations, plaintiff filed a copy of the summons and complaint with the Queens County Sheriff in an attempt to toll the Statute of Limitations pursuant to CPLR 203 (subd [b], par 5). Compliance with that…