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CINQUE v. ASARE

401 Pa.Super. 339 (1990)

585 A.2d 490

John CINQUE, t/a Dom's Seafood Take-Out Service, Appellant, v. Owusu Ansah ASARE and Theresa M. Chazin, Administratrix of the Estate of Richard J. Chazin, Deceased, and Theresa M. Chazin, Individually, and Phyllis Ann Neill, Appellees. Ronald BUJANOWSKI, Appellant, v. Owusu Ansah ASARE and Theresa M. Chazin, Administratrix of the Estate of Richard J. Chazin, Deceased, and Theresa M. Chazin, Individually, and Phyllis Ann Neill, Appellees.

Superior Court of Pennsylvania.

Filed December 17, 1990.

Reargument Denied February 8, 1991.

Attorney(s) appearing for the Case

Kenneth C. Citrino, Philadelphia, for appellants.

James M. Marsh, Philadelphia, for Chazin, appellee.

John J. Hart, Doylestown, for Neill, appellee.

Before OLSZEWSKI, DEL SOLE and HUDOCK, JJ.

OLSZEWSKI, Judge:

John Cinque and Ronald Bujanowski appeal the trial court's order granting summary judgment in favor of defendants-appellees, Phyllis Neill, Owusu Asare, and Theresa Chazin, on statute of limitations grounds. The applicable statute was two years (42 Pa.C.S.A. § 5524). The trial court found that Neill and her co-defendants were not properly served until May 1989, nearly four and one-half years after the accident from which this case arose. After...

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