Legal Opinion
Kimmel v. State
New York Supreme Court
Decided March 26, 1997PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Edmund A. Calvaruso, J.
Defendants move to dismiss contending lack of personal jurisdiction, and ask the court to strike the matter from its calendar or dismiss the action. Plaintiffs oppose the application.
A. QUESTION PRESENTED
The issue in this case, a matter of first impression, is whether an automatic dismissal occurs if the defendant appeared within the 120 days following commencement-by-filing, but the plaintiff filed no papers with the clerk so indicating.1 This court holds it does not.
B. UNDERLYING ACTION
Plaintiff Betty L. Kimmel was a female State Trooper with the…
2Cases cited25 opinions
- Gershel v. PorrNew York Court of Appeals · 1996
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Barsalow v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1994
- Spodek v. New York State Commissioner of TaxationNew York Court of Appeals · 1995
- Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
20 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sobczynski v. ChiariAppellate Division of the Supreme Court of the State of New York · 1999
- Rombom v. New York City Transit AuthorityCivil Court of the City of New York · 1998
- Sobczynski v. ChiariAppellate Division of the Supreme Court of the State of New York · 1999