Legal Opinion

Bumpus v. New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 2009PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

Dillon, J.

A plaintiff’s attorney commencing an action against an unknown “Jane Doe” defendant is sometimes between a statutory rock and a hard place in effecting service of process upon the unidentified defendant within the 120-day deadline of CPLR 306-b. This case presents us with one such scenario, where a “Jane Doe” defendant was served with process almost eight *28months after the filing of the plaintiffs summons and complaint, but “immediately” after the defendant’s true identity became known.

I. Relevant Facts

The plaintiff commenced this action against the defendants New…

2Cases cited61 opinions

  1. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  2. Buran v. CoupalNew York Court of Appeals · 1995
  3. Fry v. Village of TarrytownNew York Court of Appeals · 1997
  4. Gershel v. PorrNew York Court of Appeals · 1996
  5. Tajan v. Pavia & HarcourtAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by30 opinions

  1. Gutierrez v. City of New YorkDistrict Court, S.D. New York · 2010
  2. Ceara v. DeaconDistrict Court, S.D. New York · 2014
  3. Dacosta v. City of N.Y.District Court, E.D. New York · 2017
  4. Boston v. Suffolk Cnty.District Court, E.D. New York · 2018
  5. Neal v. WilsonDistrict Court, S.D. New York · 2017

25 more not listed; retrieve them via the Exa API.

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