Opinion
September 26, 1994
Appeal from the Supreme Court, Kings County (Held, J.).
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) by 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 A.D.2d 654; Johnson Matthey v. Farrel, 141 A.D.2d 68). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.