Legal Opinion

Pierno v. Adames

Civil Court of the City of New York

Decided January 8, 1999PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Rolando T. Acosta, J.

Defendant moves for an order dismissing the complaint upon the ground that plaintiff in this personal injury action failed to file proof of service as required by CCA 409 (a). Alternatively, defendant moves to strike the notice of trial.

*382Because of the contentions of the parties, defendant’s motion requires the court to consider the procedural consequences of a plaintiff’s failure to file proof of service in New York City Civil Court, as opposed to Supreme and County Court actions. Specifically, the court must resolve the question of whether a…

2Cases cited5 opinions

  1. Sears Roebuck & Co. v. AustinCivil Court of the City of New York · 1969
  2. Revelstoke Properties, Inc. v. Beaumont Neckwear, Inc.Civil Court of the City of New York · 1982
  3. Lieber v. Sette-Juliano Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Hallman v. HorowitzNassau County District Court · 1994
  5. Lumberman's Mutual Casualty Co. ex rel. Cervone v. Temco Service IndustriesAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by1 opinion

  1. City of Albany v. WiseAppellate Division of the Supreme Court of the State of New York · 2002

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