Legal Opinion

Pisarik v. McCormack

Appellate Division of the Supreme Court of the State of New York

Decided June 23, 1980Published

1Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Putnam County, dated June 7, 1979, as denied his motion to dismiss the action pursuant to either section 253 of the Vehicle and Traffic Law or CPLR 3215 (subd [c]). Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and defendant’s motion to dismiss is granted. Plaintiffs’ failure to comply with the requirements of section 253 of the Vehicle and Traffic Law was fatally defective to their action…

2Cases cited3 opinions

  1. Metcalf v. CowburnAppellate Division of the Supreme Court of the State of New York · 1974
  2. Lederman v. McLean Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1973
  3. Howland v. GiorgettiAppellate Division of the Supreme Court of the State of New York · 1961

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