Legal Opinion
Erale v. Edwards
New York Supreme Court
Decided July 7, 1965PublishedCited by 6 opinions
1Opinion of the CourtHenry Tasker, J.
Action for personal injuries and property damage. Plaintiffs move pursuant to CPLR 3211 (subds. [b], [c]) to dismiss defendant’s affirmative defense of improper service of the summons and complaint.
The accident occurred- on June 15, 1962; plaintiffs allegedly served a summons and complaint on defendant on April 1, 1965. Defendant’s attorneys appeared and obtained an extension of time to answer to May 13, 1965, and then to June 14, 1965. An answer containing the affirmative defense in question, dated June 14, 1965 was received by plaintiffs’ attorney on June 16, 1965 (see CPLR 214, subds. 4,…
2Cited by6 opinions
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- Lumbermens Mutual Casualty Co. v. Borden Co.District Court, S.D. New York · 1967
- F. I. duPont, Glore Forgan & Co. v. ChenAppellate Division of the Supreme Court of the State of New York · 1976
- Pitagno v. StaiberNew York Supreme Court · 1967
- Davidman v. OrtizNew York Supreme Court · 1970
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