Mohammed v. Elassal
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the plaintiff appeals from a resettled order of the Supreme Court, Queens County (Rutledge, J.), dated April 21, 1994, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 306. The plaintiff’s notice of appeal from an order dated February 1, 1994, is deemed a premature notice of appeal from the resettled order (see, CPLR 5520 [c]).
Ordered that the resettled order is affirmed, with costs.
The plaintiff purportedly commenced this action by service of a summons and complaint upon the defendant on October…
2Cases cited6 opinions
- Parker v. MackNew York Court of Appeals · 1984
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- De Maria v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
- Kleinman v. MarshallNew York Supreme Court · 1993
- Bloodgood v. ParadisAppellate Division of the Supreme Court of the State of New York · 1995
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