Legal Opinion

Fasano v. J.C. Penney Corp.

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

Decided February 6, 2009No. Appeal No. 1PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered October 23, 2007 in a personal injury action. The order denied defendant’s motion to dismiss the action.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the action is dismissed.

Memorandum: Defendant appeals from an order denying its motion to dismiss the action based on the failure of plaintiff to comply with defendant’s demand for service of a complaint pursuant to CPLR 3012 (b). We agree with defendant that Supreme Court…

2Cases cited4 opinions

  1. Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
  2. Stolowitz v. Mount Sinai HospitalNew York Court of Appeals · 1983
  3. Kordasiewicz v. BCC Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Moreno v. Shell Oil Co.Appellate Division of the Supreme Court of the State of New York · 1979

3Cited by5 opinions

  1. BERGES, JUDITH A. v. PFIZER, INC.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Bittinger v. Erie Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2019
  3. MCINTOSH, JOHN A. v. GENESEE VALLEY LASER CENTREAppellate Division of the Supreme Court of the State of New York · 2014
  4. McIntosh v. Genesee Valley Laser CentreAppellate Division of the Supreme Court of the State of New York · 2014
  5. McIntosh v. Genesee Valley Laser CentreAppellate Division of the Supreme Court of the State of New York · 2014

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