The motion court erred in dismissing on the basis that its order dated May 18, 1999 had dismissed plaintiff's prior complaint on Statute of Limitations grounds. Although the order in question, as drafted by defendant, did indeed recite that the underlying motion had been made in part "on the ground that the plaintiff failed to timely and properly serve the Summons & Complaint within the applicable statute of limitations period," that language in the settled order is inaccurate...
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