Legal Opinion
Norstar Bank v. Wittbrodt
New York Supreme Court
Decided February 10, 1993PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold J. Hughes, J.
The motion of the plaintiff for an order pursuant to CPLR 2004 extending its time to make service under CPLR 306-b (a) by 120 days from February 4, 1993, and file an affidavit of service within that period without the action being deemed dismissed, is granted.
The action was commenced on October 7, 1992, by the filing of a summons and verified complaint with the Albany County Clerk. Service was not made within the 120-day period provided for in subdivision (a) of CPLR 306-b. Plaintiff seeks to avoid the automatic dismissal provision of subdivision (b) of *261…
2Cited by11 opinions
- Webster v. WebsterMississippi Supreme Court · 2002
- Montgomery v. SmithKline Beecham Corp.Mississippi Supreme Court · 2005
- Argentina v. Emery World Wide Delivery Corp.District Court, E.D. New York · 1996
- Kleinman v. MarshallNew York Supreme Court · 1993
- Bolarinwa v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 2000
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