Legal Opinion
Rodriguez v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2012Published
1Opinion of the Court
OPINION OF THE COURT
Leventhal, J.
On this appeal, we are asked to decide whether the 20-day time period to file proof of service of process, when service is made upon a person of suitable age and discretion pursuant to CPLR 308 (2), applies to an action commenced in the Civil Court of the City of New York. For the reasons discussed below, we find that the 20-day time period does not apply.
In August 2007 the plaintiff commenced this action in the Civil Court of the City of New York, Queens County (hereinafter the Civil Court), to recover damages for personal injuries against Perdomo M.…
2Cases cited9 opinions
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- Discover Bank v. EschwegeAppellate Division of the Supreme Court of the State of New York · 2010
- Prospect Park Management, LLC v. BeattyAppellate Division of the Supreme Court of the State of New York · 2010
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