Legal Opinion
Colagrosso v. Dean
Appellate Division of the Supreme Court of the State of New York
Decided January 27, 1984No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed, with costs, motion granted and complaint dismissed. Memorandum: This is a personal injury action arising from an automobile accident which occurred on February 5, 1980. Plaintiff attempted to effect service of process on defendant Dean on December 15,1982, at an address set forth in the police report of the accident, by the “nail and mail” alternative for personal service (CPLR 308, subd 4). On May 17,1983 Special Term found that Dean was improperly served but, rather than dismissing the complaint, the court estopped Dean from interposing the Statute of Limitations…
2Cases cited5 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Procco v. KennedyAppellate Division of the Supreme Court of the State of New York · 1982
- Hoesen v. Pennsylvania Millers Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
- Gilbert v. LehmanAppellate Division of the Supreme Court of the State of New York · 1979
- Sapienza v. HaagAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by5 opinions
- Dorfman v. LeidnerAppellate Division of the Supreme Court of the State of New York · 1989
- Bissinger v. DiBellaAppellate Division of the Supreme Court of the State of New York · 1988
- Olsen v. HaddadAppellate Division of the Supreme Court of the State of New York · 1992
- Colagrosso v. DeanAppellate Division of the Supreme Court of the State of New York · 1984
- Weiss v. 48 West 48th Associates Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 1993