Legal Opinion
Floyd v. Salamon Bros.
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 1998PublishedCited by 12 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Paula Omansky, J.), entered January 22, 1997, which granted defendant’s motion to vacate a prior order holding it in default and to dismiss the complaint for failure to file proof of service, unanimously affirmed, without costs. .
Inasmuch as the action was automatically dismissed as of February 24, 1996 due to plaintiff’s admitted failure to file proof of service by that date (see, Black v Randall Med. Offs., 237 AD2d 110; Matter of Hicks v City of New York, 247 AD2d 342), and no new action was commenced within 120 days thereafter, as permitted by CPLR…
2Cases cited2 opinions
- Black v. Randall Medical OfficesAppellate Division of the Supreme Court of the State of New York · 1997
- Hicks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by12 opinions
- Connor v. DeasAppellate Division of the Supreme Court of the State of New York · 1998
- Bolarinwa v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- Bloomer v. AltmanAppellate Division of the Supreme Court of the State of New York · 1999
- Blue Hill Plaza v. Assessor(s) of the Town of OrangetownAppellate Division of the Supreme Court of the State of New York · 1999
- Goshen Shopping Associates v. Assessor(s) of the Town of GoshenAppellate Division of the Supreme Court of the State of New York · 1999
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