Sterns v. DiBenedetto

Appellate Division of the Supreme Court of New York

Sterns v. DiBenedetto

207 A.D.2d 879, 616 N.Y.S.2d 988

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 26, 1994

StatusPublished

This text of 207 A.D.2d 879 (Sterns v. DiBenedetto) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sterns v. DiBenedetto, 207 A.D.2d 879, 616 N.Y.S.2d 988 (N.Y. Ct. App. 1994).

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Opinion

—In an action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Kings County (Held, J.), dated March 12, 1992, as held that the Statute of Limitations had been tolled for 60 days after its expiration.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants’ contention, we find that the plaintiff complied with the requirements of CPLR 203 (b) (5) [880]*880by filing a copy of the summons and complaint with the Kings County Clerk prior to the expiration of the applicable Statute of Limitations (see, Petrone v S.S.K.S. Rest. Corp., 125 AD2d 654; Johnson Matthey v Farrel, 141 AD2d 68). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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—In an action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Kings County (Held, J.), dated March 12, 1992, as held that the Statute of Limitations had been tolled for 60 days after its expiration.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants’ contention, we find that the plaintiff complied with the requirements of CPLR 203 (b) (5) [880]*880by filing a copy of the summons and complaint with the Kings County Clerk prior to the expiration of the applicable Statute of Limitations (see, Petrone v S.S.K.S. Rest. Corp., 125 AD2d 654; Johnson Matthey v Farrel, 141 AD2d 68). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

207 A.D.2d 879, 616 N.Y.S.2d 988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sterns-v-dibenedetto-nyappdiv-1994.

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