Legal Opinion
Kel Management Corp. v. Rogers & Wells
New York Court of Appeals
Decided February 7, 1985PublishedCited by 93 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the motion to dismiss the complaint granted unconditionally.
This court has previously held that a party opposing a CPLR 3012 (b) motion to dismiss based upon law office failure is obligated to submit an affidavit of merit containing evidentiary facts sufficient to establish a prima facie case. (Canter v Mulnick, 60 NY2d 689.) Here, plaintiffs served the complaint upon defendant more than three and one-half months past the statutorily required date, and when faced with a CPLR 3012 (b) motion…
2Cases cited4 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Stolowitz v. Mount Sinai HospitalNew York Court of Appeals · 1983
- Canter v. MulnickNew York Court of Appeals · 1983
- Amodeo v. RadlerNew York Court of Appeals · 1983
3Cited by93 opinions
- Fiore v. GalangNew York Court of Appeals · 1985
- Mosberg v. ElahiNew York Court of Appeals · 1992
- Oversby v. Linde Division of Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Nieves v. 331 East 109th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Amodeo v. Gellert & Quartararo, P.C.Appellate Division of the Supreme Court of the State of New York · 2006
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