Legal Opinion

Tamburo v. P & C Food Markets, Inc.

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

Decided May 20, 1971PublishedCited by 11 opinions

1Opinion of the Court

Memorandum: Plaintiff, who claimed to have been injured in defendant’s place of business on April 29, 1966, delivered a summons to the Sheriff of Cayuga County on April 29, 1969, the last day on which an action for negligence could be commenced. (CPLR 214, subd. 5.) The summons failed to include in the caption the names of the court and county wherein the action was brought as required by CPLR 2101 (subd. [e]). It was served the same day by the Sheriff but defendant did not enter a notice of appearance. A supplemental summons designating the Supreme Court, Cayuga County was delivered to the…

2Cases cited4 opinions

  1. Fischer v. . LangbeinNew York Court of Appeals · 1886
  2. Dix v. Palmer & SchoolcraftNew York Supreme Court · 1851
  3. Rockefeller v. HeinNew York Supreme Court · 1941
  4. James v. KirkpatrickNew York Supreme Court · 1851

3Cited by11 opinions

  1. Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  2. Tobia v. Town of RocklandAppellate Division of the Supreme Court of the State of New York · 1984
  3. Frerk v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1984
  4. Wells v. Mount Sinai Hospital and Medical CenterAppellate Division of the Supreme Court of the State of New York · 1993
  5. Kaplan v. ManoliAppellate Division of the Supreme Court of the State of New York · 1984

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