Legal Opinion
American Telephone & Telegraph Co. v. Schnabel Foundation Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 2007PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover for damage to property, the defendant appeals from an order of the Supreme Court, Westchester County (La Cava, J.), entered April 6, 2006, which denied its motion to dismiss the action pursuant to CPLR 306-b and extended the plaintiffs time to serve it with process pursuant to that statute.
Ordered that the order is reversed, on the law, with costs, and the defendant’s motion to dismiss the action is granted.
The plaintiff exhibited an overall lack of diligence in prosecuting this action, failed to show proof of any attempt to serve the corporate defendant by service…
2Cases cited4 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Rihal v. KirchhoffAppellate Division of the Supreme Court of the State of New York · 2002
- Meusa v. BMW Financial ServicesAppellate Division of the Supreme Court of the State of New York · 2006
- Ortiz v. MalikAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by5 opinions
- Krasa v. Dial 7 Car & Limousine Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Ambrosio v. SimonovskyAppellate Division of the Supreme Court of the State of New York · 2009
- Garcia v. SimonovskyAppellate Division of the Supreme Court of the State of New York · 2009
- Parrino v. New York City Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 2011
- Rodriguez v. Consolidated Edison Co. of N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2018