Legal Opinion
Allen v. Berton
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1977PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: Plaintiff appeals from Special Term’s denial of his motion for a default judgment, or in the alternative, for an order directing the defendants to accept his complaint. Special Term treated the motion as an application to vacate a prior order which dismissed plaintiff’s action for failure to serve a complaint. The accident which is the basis for the cause of action occurred on November 7, 1971. On November 7, 1974 plaintiff delivered the summons to *1050a Deputy Sheriff who was then on road patrol and it was served upon the defendants by the…
2Cases cited7 opinions
- Bridger v. DonaldsonAppellate Division of the Supreme Court of the State of New York · 1970
- Ciccarelli v. WelcomeAppellate Division of the Supreme Court of the State of New York · 1975
- Doroski v. MintlerAppellate Division of the Supreme Court of the State of New York · 1975
- Inserra v. PortoAppellate Division of the Supreme Court of the State of New York · 1970
- Pearce v. William L. Watson Co.Appellate Division of the Supreme Court of the State of New York · 1971
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3Cited by5 opinions
- Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Dobbins v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1977
- Albion Grain Co. v. Howard Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Bankers Trust v. JacksonCivil Court of the City of New York · 1979
- Korta v. Rausch Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 1979