Legal Opinion

Thompson v. Cuadrado

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

Decided November 28, 2000PublishedCited by 6 opinions

1Opinion of the Court

—Or*152der, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered August 3, 1999, which denied defendant-appellant’s motion to dismiss the complaint for lack of jurisdiction, unanimously affirmed, without costs.

Defendant’s motion to dismiss was based on an affirmative defense conclusorily alleging lack of service and defendant’s affidavit asserting that she no longer lived at the address where the nail-and-mail service was allegedly made. The motion was properly denied on the ground that it was made, i.e., mailed to plaintiffs’ attorney, 61 days after service of the answer, in noncompliance…

2Cases cited2 opinions

  1. Worldcom, Inc. v. Dialing Loving Care, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Abitol v. SchiffNew York Supreme Court · 1999

3Cited by6 opinions

  1. U.S. Bank Natl. Assn. v. IoannidesAppellate Division of the Supreme Court of the State of New York · 2021
  2. Reyes v. AlbertsonAppellate Division of the Supreme Court of the State of New York · 2009
  3. Madden v. Town of GreeneNew York Supreme Court · 2012
  4. Simon v. UsherAppellate Division of the Supreme Court of the State of New York · 2010
  5. Simon v. UsherNew York Court of Appeals · 2011

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