Legal Opinion
Caton v. Schenectady Gazette
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 1981PublishedCited by 9 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered May 8, 1980 in Saratoga County, which denied defendants’ motion, pursuant to CPLR 3012 (subd [b]), to dismiss the action for failure to serve a complaint and granted plaintiffs an additional 30 days in which to serve a complaint. In this action to recover damages for defaming a public figure, the summons with notice was served January 28, 1980, one day before the Statute of Limitations was to expire. Defendants served a notice of appearance and demand for complaint on February 14,1980. When none was forthcoming,…
2Cases cited5 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Chodikoff v. Troy Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- Frenia v. PatnoAppellate Division of the Supreme Court of the State of New York · 1966
- Glick v. Flick Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Groat v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by9 opinions
- De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
- Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Whitney v. StewartAppellate Division of the Supreme Court of the State of New York · 1991
- Berzinski v. NessAppellate Division of the Supreme Court of the State of New York · 1982
- Elkaim v. Lotte N.Y. Palace HotelAppellate Division of the Supreme Court of the State of New York · 2021
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