Legal Opinion
Kretschmann v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided June 14, 2002PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Gorski, J.
The issue before us on this appeal, one of first impression in New York, is whether a second action may be deemed timely commenced pursuant to CPLR 205 (a) despite the dismissal of the first action based on plaintiffs initial failure to serve the notice of claim required by CPLR 214-d (1). For the reasons that follow, we conclude that Supreme Court properly determined that a second action may be deemed timely commenced despite that initial failure where, as here, the first action was timely commenced.
The underlying facts are not in dispute. Plaintiff commenced…
2Cases cited5 opinions
- Yonkers Contracting Co. v. Port Authority Trans-Hudson Corp.New York Court of Appeals · 1999
- Fleming v. Long Island RailroadNew York Court of Appeals · 1988
- Scaffold-Russ Dilworth Ltd. v. Shared Management Group, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001
- Gelwicks v. CampbellAppellate Division of the Supreme Court of the State of New York · 1999
- Kretschmann v. Board of Education of the Corning Painted Post School DistrictNew York Supreme Court · 2000
3Cited by2 opinions
- ACE Securities Corp. v. DB Structured Products, Inc.New York Supreme Court · 2016
- Ace Sec. Corp. v. DB Structured Prods., Inc.New York Supreme Court · 2016