Legal Opinion
Bochen v. Schieffelin & Somerset Co.
Appellate Division of the Supreme Court of the State of New York
Decided August 18, 1997PublishedCited by 3 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Golden, J.), dated May 24, 1996, which denied their motion to vacate the automatic dismissal of their complaint pursuant to CPLR 306-b (a) and for leave to file proof of service nunc pro tunc.
Ordered that the order is affirmed, with one bill of costs.
The plaintiffs concede that they failed to file proof of service within 120 days after the summons and complaint were filed. Since the defendants had not appeared in the action within that 120-day period,…
2Cases cited4 opinions
- Winston v. Freshwater Wetlands Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1996
- Mohammed v. ElassalAppellate Division of the Supreme Court of the State of New York · 1996
- Long v. QuinnAppellate Division of the Supreme Court of the State of New York · 1996
- Brackett v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by3 opinions
- Ulster Heights Property, Inc. v. Assessor of OrangetownAppellate Division of the Supreme Court of the State of New York · 1999
- Maudsley-Marino v. NavasAppellate Division of the Supreme Court of the State of New York · 1999
- Stulberger v. BellucciAppellate Division of the Supreme Court of the State of New York · 1998