Esteves v. Swobodzien

Motion by the plaintiff to strike from the defendant’s answer the defense of the Statute of Limitations, on the ground that it is sham and frivolous.

This is a wrongful death action, arising out of an accident which occurred on February 14,1947, and which resulted in the decedent’s death on February 16, 1947. An order was made permitting substituted service upon the defendant, and pursuant thereto, a copy of the summons and verified complaint, together with a copy of the order, was left at the residence of the defendant, on the afternoon of February 14, 1949, with a person who represented…