Legal Opinion
Mullen v. Ackerman
New York Supreme Court
Decided February 18, 1983PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Harold J. Hughes, J.
The issue raised on this motion is whether the making of a motion to dismiss a complaint as untimely served extends the time to serve an answer thereto.
The court holds that when a defendant rejects a complaint as untimely served and moves for dismissal under CPLR 3012, and that motion is denied, the time in which to answer is extended until 20 days after the reservice of the rejected complaint.
In this action against an attorney for alleged malpractice, the defendant’s demand for a complaint was served by mail on November 24,1982. Plaintiff served the…
2Cases cited3 opinions
- Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982
- Lillian Weinstein v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Dobbins v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by1 opinion
- Carp v. MarcusAppellate Division of the Supreme Court of the State of New York · 1984