Legal Opinion
MOSS, CONNIE v. BATHURST, SHIRLEY A.
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 2011No. CA 11-00743PublishedCited by 9 opinions
1Opinion of the Court
Memorandum:
In this action to recover damages for injuries she allegedly sustained in a motor vehicle accident, Shirley A. Bathurst (defendant) appeals from an order that denied her motion to dismiss the complaint against her and granted plaintiffs cross motion to extend the time in which to serve defendant. We affirm.
“If service is not made upon a defendant within the time provided in [CPLR 306-b], the court, upon motion, shall dismiss the action without prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the time for service” (CPLR 306-b). It is…
2Cases cited2 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Mead v. SinglemanAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by9 opinions
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- Swaggard v. DagoneseAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Janiga v. Town of W. Seneca Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2019
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