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Legal Opinion

McIntosh v. Genesee Valley Laser Centre

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

Decided October 3, 2014Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (William P Polito, J), entered February 22, 2013. The order granted the motion of defendants to dismiss the action.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order granting defendants’ motion to dismiss the action based on the failure of plaintiff to comply with their demand for service of a complaint pursuant to CPLR 3012 (b). We affirm. “To avoid dismissal for failure to timely serve a complaint after a demand for the complaint has been made pursuant…

2Cases cited12 opinions

  1. Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
  2. A & J Concrete Corp. v. ArkerNew York Court of Appeals · 1981
  3. Mergl v. MerglAppellate Division of the Supreme Court of the State of New York · 2005
  4. Polyfusion Electronics, Inc. v. AirSep Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Tonello v. Carborundum Co.Appellate Division of the Supreme Court of the State of New York · 1983

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