Moran v. Harting
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for negligence, breach of contract, and fraud, the defendant appeals from (1) stated portions of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated August 8, 1994, which, inter alia, denied that branch of his motion which was to dismiss the complaint for the plaintiffs’ failure to properly serve the complaint, based on the plaintiffs’ failure to use "due diligence” pursuant to CPLR 308 (4), and directed a hearing on "the issues of * * * the mode of affixation of the process server * * * whether there was a mailing within twenty days of…
2Cases cited8 opinions
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
- Pizzolo v. MonacoAppellate Division of the Supreme Court of the State of New York · 1992
- McNeely v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1994
- Walker v. ManningAppellate Division of the Supreme Court of the State of New York · 1994
- Steltzer v. EasonAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by24 opinions
- Sartor v. ToussaintCourt of Appeals for the Second Circuit · 2002
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- Earle v. ValenteAppellate Division of the Supreme Court of the State of New York · 2003
- Krisilas v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2009
- Serraro v. StaropoliAppellate Division of the Supreme Court of the State of New York · 2012
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