Walley v. Leatherstocking Healthcare, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
Appeal from an order of the Supreme Court (Reynolds Fitzgerald, J.), entered December 15, 2009 in Delaware County, which, among other things, granted defendant’s cross motion to compel plaintiff to accept its untimely answer.
Plaintiff brought this action to recover for physical injuries suffered by Kylie Walley, an employee of defendant, as the result of a motor vehicle accident that occurred as Walley was driving home from work. Plaintiff commenced the action and effected service on defendant by serving the Secretary of State on March 25, 2009 (see Business Corporation Law § 306 [b] [1]).…
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