Calloway v. Wells
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Liebowitz, J.), entered July 2, 2009, as granted the defendant’s motion pursuant to CPLR 3211 (a) (5) and (8) to dismiss the complaint and denied that branch of her cross motion which was, in effect, pursuant to CPLR 306-b to extend her time to serve the defendant with the summons and complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court…
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