Legal Opinion
Barasch v. Micucci
New York Court of Appeals
Decided March 25, 1980PublishedCited by 328 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
In this action for personal injuries resulting from an explosion of a gas stove, defendant manufacturer seeks to have the cause of action dismissed on the grounds specified in CPLR 3012 (subd [b]). That provision authorizes a defendant to serve a demand for a complaint upon the plaintiff where the action has been commenced by service of summons alone and to move for dismissal if the complaint is not furnished within 20 *598days following service of the demand. Special Term denied the dismissal motion, primarily because it found that the defendant in this case had…
2Cases cited23 opinions
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Silver v. Great American InsuranceNew York Court of Appeals · 1972
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Bata v. BataNew York Court of Appeals · 1952
- Patrician Plastic Corp. v. Bernadel Realty Corp.New York Court of Appeals · 1970
18 more not listed; retrieve them via the Exa API.
3Cited by328 opinions
- Tewari v. TsoutsourasNew York Court of Appeals · 1989
- Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
- A & J Concrete Corp. v. ArkerNew York Court of Appeals · 1981
323 more not listed; retrieve them via the Exa API.