Legal Opinion
Viscosi v. Merritt
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1986PublishedCited by 7 opinions
1Opinion of the Court
— Mahoney, P. J.
Appeal from an order of the Supreme Court at Special Term (Plumadore, J.), entered February 10, 1986 in Fulton County, which denied defendant’s motion to dismiss the complaint.
The parties were apparently involved in an automobile accident on July 12, 1982. On July 12, 1985, plaintiff sought to commence an action against defendant by service of a summons with notice. Defendant moved to dismiss on the ground that the notice was not sufficient. Special Term denied the motion and this appeal ensued.
CPLR 305 (b) provides: "If the complaint is not served with the summons, the…
2Cases cited2 opinions
- Parker v. MackNew York Court of Appeals · 1984
- Premo v. CornellAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by7 opinions
- Clark v. City of IthacaAppellate Division of the Supreme Court of the State of New York · 1997
- Bullis v. American Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Darrow v. KrzysAppellate Division of the Supreme Court of the State of New York · 1999
- Hart Island Committee v. KochAppellate Division of the Supreme Court of the State of New York · 1989
- Scaringi v. Elizabeth Broome Realty Corp.New York Supreme Court · 1991
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