Legal Opinion
Mekkelson v. Morris L. Cleverley Engineering
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1992PublishedCited by 2 opinions
1Opinion of the Court
Memorandum: Supreme Court erred by granting the motion of plaintiffs to serve an amended complaint to add Morris L. Cleverley Engineering, P. C., and CNY Consolidated Contractors, formerly known as Cleverley CM Associates, Inc., as defendants. Plaintiffs served an amended summons and complaint without leave of the court within the Statute of Limitations period, but that service was a nullity (see, Yonker v Amol Motorcycles, 161 AD2d 638; Christiansen v City of New York, 144 AD2d 328, lv denied 73 NY2d 710; Camacho v New York City Tr. Auth., 115 AD2d 691, 692; McLaughlin, Practice…
2Cases cited5 opinions
- Vastola v. MaerNew York Court of Appeals · 1976
- Vastola v. MaerAppellate Division of the Supreme Court of the State of New York · 1975
- Camacho v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
- Yonker v. Amol Motorcycles, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Christiansen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by2 opinions
- Seavey v. KorteNew York Supreme Court · 1993
- Travelers Insurance v. HeppnerNew York Supreme Court · 1995