Legal Opinion

Modica v. Westchester Rockland Newspapers, Inc.

New York Supreme Court

Decided July 12, 1967PublishedCited by 5 opinions

1Opinion of the CourtRobert J. Trainor, J.

The defendant Victor D. Chase, sued herein as “Jane Doe ”, moves for an order dismissing the complaint pursuant to CPLR 3211 (subd. [a], par. 8) on the ground that the summons was served on said defendant outside the State of New York and that the court could acquire no jurisdiction by virtue of said service. The plaintiffs cross-move for an order striking the complete defenses set forth in paragraphs 17th and 18th of defendant Chase’s answer. Paragraph 17th states that the action was not commenced within the time limited by CPLR 215 and paragraph 18th states that the court has and can…

2Cases cited4 opinions

  1. Prudential Insurance Co. of America v. StoneNew York Court of Appeals · 1936
  2. Totero v. World Telegram Corp.New York Supreme Court · 1963
  3. Plumitallo v. 1407 Broadway Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1952
  4. Diver v. Jewish HospitalNew York Supreme Court · 1959

3Cited by5 opinions

  1. Best Van Lines, Inc. v. Tim Walker, Docket No. 04-3924-CvCourt of Appeals for the Second Circuit · 2007
  2. Legros v. IrvingAppellate Division of the Supreme Court of the State of New York · 1971
  3. Best Van Lines, Inc. v. WalkerCourt of Appeals for the Second Circuit · 2007
  4. Hillel v. Obvio Health USA, Inc.District Court, S.D. New York · 2021
  5. PDO Max, Inc. v. MalcmacherDistrict Court, N.D. New York · 2022

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