Legal Opinion
Kleinman v. Marshall
New York Supreme Court
Decided August 12, 1993PublishedCited by 7 opinions
1Opinion of the Court
*641OPINION OF THE COURT
Joan B. Lefkowitz, J.
Defendant Richard Marshall moves to dismiss the complaint for plaintiffs failure to comply with CPLR 306-b (a) because service of process was not made on him within 120 days of the filing thereof. Plaintiff cross-moves for a nunc pro tune order of filing.
The codefendants were served with the summons and complaint in March and April 1992. One of the codefendants was served pursuant to CPLR 308 (4) and, therefore, the summons, complaint and proof of service were filed with the County Clerk in April 1992. On April 30, 1993 the action, to recover the…
2Cases cited4 opinions
- Morrison v. FosterAppellate Division of the Supreme Court of the State of New York · 1981
- Norstar Bank v. WittbrodtNew York Supreme Court · 1993
- Metropolitan Property & Casualty Insurance v. RooseveltNew York Supreme Court · 1993
- Slutzky v. Aron Estates Corp.New York Supreme Court · 1993
3Cited by7 opinions
- Mohammed v. ElassalAppellate Division of the Supreme Court of the State of New York · 1996
- De Maria v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
- Tufano v. TufanoAppellate Division of the Supreme Court of the State of New York · 1995
- William Court — White Hill Road Homeowners Ass'n v. New York State Commissioner of Mental Retardation & Developmental DisabilitiesNew York Supreme Court · 1994
- Brown v. Doxsee Sea Clam, Co.Appellate Division of the Supreme Court of the State of New York · 1996
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