Legal Opinion

Greenberg v. Walcliffe Swimming Club Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 1978Published

1Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Rockland County, dated September 28, 1977, which granted defendants’ motion to dismiss the action for failure to serve a complaint. Order affirmed, without costs or disbursements. This action was commenced by service of a summons only on July 15, 1976, three years after the injury. A notice of appearance and demand for a complaint was served on August 30, 1976. A complaint verified on September 6, 1977&emdash;more than one year after the demand&emdash;which was attached…

2Cases cited1 opinion

  1. Ferreri v. Winston Mall, Inc.Appellate Division of the Supreme Court of the State of New York · 1976

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