Legal Opinion
Drake v. Bates
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 2008PublishedCited by 4 opinions
1Opinion of the CourtRose, J.
Plaintiff commenced this negligence action to recover alleged damages sustained while he was incarcerated at the Schoharie County Jail. After service of a summons with notice, defendants served a notice of appearance and demand for complaint on October 17, 2005. After plaintiff failed to serve a complaint, defendants moved on October 18, 2006 for dismissal of the action pursuant to CPLR 3012 (b). Supreme Court granted the motion and plaintiff appeals.
To successfully oppose a motion to dismiss for failing to timely serve a complaint pursuant to CPLR 3012 (b), plaintiff must show a reasonable…
2Cases cited9 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
- Department of Social Services ex rel. Beatrice V. P. v. Trustum C. D.Appellate Division of the Supreme Court of the State of New York · 1983
- Amodeo v. Gellert & Quartararo, P.C.Appellate Division of the Supreme Court of the State of New York · 2006
- Xiaokang Xu v. HeAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by4 opinions
- Kasabian v. ChichesterAppellate Division of the Supreme Court of the State of New York · 2010
- Abele Tractor & Equipment Co. v. RJ Valente, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Meredith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Trudeau v. FordAppellate Division of the Supreme Court of the State of New York · 2009