Opinion
June 23, 1986
Appeal from the Supreme Court, Orange County (Rubenfeld, J.).
Order affirmed, with costs.
This action, commenced more than three years after the cause of action accrued, was properly dismissed as time barred. Because statutory authorization existed for obtaining jurisdiction over the person of the defendant by means other than personal delivery of the summons within this State, the tolling provision of CPLR 207 was unavailable to salvage the plaintiff's action (see, Yarusso v. Arbotowicz, 41 N.Y.2d 516). Accordingly, the order of Special Term is affirmed. Lazer, J.P., Mangano, Lawrence and Eiber, JJ., concur.