Legal Opinion
Grant v. City of North Tonawanda
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1996PublishedCited by 6 opinions
1Opinion of the Court
Memorandum: Supreme Court improvidently exercised its discretion in denying defendants’ motion to dismiss the action for failure to serve a complaint. Plaintiff commenced this action for false imprisonment in May 1994 by service of a summons with notice. Defendants’ attorney served a notice of appearance and demand for complaint dated June 15, 1994. More than two months later defendants moved to dismiss the action pursuant to CPLR 3012 (b). Plaintiff did not serve a written response to the motion, but on its return date her attorney appeared in court and served an unverified complaint. "Once…
2Cases cited4 opinions
- A & J Concrete Corp. v. ArkerNew York Court of Appeals · 1981
- Brooks v. Inn at Saratoga AssociationAppellate Division of the Supreme Court of the State of New York · 1992
- Iafallo v. DolanAppellate Division of the Supreme Court of the State of New York · 1990
- Fantauzzo v. SteimerAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
- Kordasiewicz v. BCC Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Porter v. BeaulieuAppellate Division of the Supreme Court of the State of New York · 2001
- Ward v. QuickAppellate Division of the Supreme Court of the State of New York · 1998
- Curcio v. SaxAppellate Division of the Supreme Court of the State of New York · 2005
- Allstate Insurance v. Marrano Development Corp.Appellate Division of the Supreme Court of the State of New York · 2006
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