Legal Opinion
De Maria v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 1994PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Peters, J.
This action for personal injuries arose from a motor vehicle accident which occurred on November 15, 1989. On October 14, 1992, one month and one day prior to the expiration of the Statute of Limitations, plaintiff purchased an index number from the Montgomery County Clerk’s office. No other documents were filed at that time and neither filing nor service of a summons on or before November 15, 1992, the date the Statute of Limitations expired, occurred.
On or about January 28, 1993, plaintiff obtained an ex parte order from Supreme Court authorizing an alternate…
2Cases cited5 opinions
- Metropolitan Property & Casualty Insurance v. RooseveltNew York Supreme Court · 1993
- Kleinman v. MarshallNew York Supreme Court · 1993
- Seavey v. KorteNew York Supreme Court · 1993
- Yancey v. Hernandez-PineroNew York Supreme Court · 1993
- In re the Arbitration between American Transit Insurance & LewisNew York Supreme Court · 1993
3Cited by14 opinions
- Abramov v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1999
- Mohammed v. ElassalAppellate Division of the Supreme Court of the State of New York · 1996
- Long v. QuinnAppellate Division of the Supreme Court of the State of New York · 1996
- Long v. QuinnAppellate Division of the Supreme Court of the State of New York · 1996
- Nastro Contracting, Inc. v. AgustaAppellate Division of the Supreme Court of the State of New York · 1995
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