Legal Opinion
Verre v. Rosas
New York Court of Appeals
Decided May 10, 1979PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Although plaintiffs satisfied the requirement that an affidavit of merit be submitted on an application to be relieved of their default, they offer no valid legal excuse for their delay. A summons was served just one week before the expiration of the three-year Statute of Limitations. Three and one-half months later defendants served a demand for a complaint. Plaintiffs ignored this demand for over 10 months and it was *796only when they were served with the present motion to dismiss that they were…
2Cited by16 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Ferrigno v. St. Charles HospitalAppellate Division of the Supreme Court of the State of New York · 1982
- Crucilla v. Howe Richardson Scale Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Klein v. Actors & Directors LabAppellate Division of the Supreme Court of the State of New York · 1983
- Aponte v. RaychukAppellate Division of the Supreme Court of the State of New York · 1991
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