Legal Opinion
Markoff v. South Nassau Community Hospital
New York Court of Appeals
Decided February 21, 1984PublishedCited by 106 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke,
When an action that has been timely commenced is later dismissed, CPLR 205 (subd [a]) provides that, even if the Statute of Limitations has or will run, a new action may be commenced within six months of the termination, except if the dismissal was on the merits, for failure to prosecute, or by voluntary discontinuance. An action will not be deemed “commenced,” however, until there has been proper service of a summons upon a defendant in compliance with the appropriate method prescribed by the CPLR. Therefore, when an action is dismissed for lack of…
2Cases cited12 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
7 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Parker v. MackNew York Court of Appeals · 1984
- Frankel v. SchillingAppellate Division of the Supreme Court of the State of New York · 1989
101 more not listed; retrieve them via the Exa API.