Legal Opinion
Enos v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1994PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Callahan, J.
Defendant City of Rochester (City) appeals from so much of a Special Term order as denied its motion to dismiss the complaint of Carmen W. Enos (plaintiff) on the ground that the action was not timely commenced.
Plaintiff was injured on August 4, 1992 when the automobile he was operating fell into a "sink hole” on a City street. A notice of claim was filed on September 30, 1992. Plaintiff’s attorney prepared a summons and complaint dated October 7, 1993. Plaintiff concedes that the summons and complaint were not personally filed with the clerk of the court, but…
2Cases cited2 opinions
- Sanford v. GarveyAppellate Division of the Supreme Court of the State of New York · 1981
- Kearns v. MoyerAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by17 opinions
- Winston v. Freshwater Wetlands Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1996
- Luckern v. Lyonsdale Energy Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 1997
- Abramov v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1999
- Sangiacomo v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 2003
- Evans v. EvansAppellate Division of the Supreme Court of the State of New York · 1995
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