IPPOLITO v. BROWN


204 Misc. 541 (1953)

Joseph Ippolito, Plaintiff, v. Sol Brown, Defendant.

Supreme Court, Special Term, Queens County.

January 29, 1953.


Attorney(s) appearing for the Case

Martin A. Crean for defendant.

John V. Visco for plaintiff.


HALLINAN, J.

This is a motion to dismiss the complaint under subdivision 5 of rule 107 of the Rules of Civil Practice (Statute of Limitations).

The action is in negligence. The accident giving rise thereto occurred in this State on July 7, 1948. At that time plaintiff was eighteen years of age. He attained his majority on September 24, 1950. Substituted service of the summons and complaint was made on December 5, 1952. (See Civ. Prac. Act, §...

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