Legal Opinion
Abele Tractor & Equipment Co. v. RJ Valente, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 2012PublishedCited by 4 opinions
1Opinion of the CourtEgan Jr., J.
Appeal from an order of the Supreme Court (McNamara, J.), entered October 21, 2010 in Albany County, which, among other things, granted defendants’ motion to dismiss the action based upon plaintiffs failure to timely serve a complaint.
Plaintiff commenced this action in July 2008 by service of a summons with notice seeking to recover moneys allegedly owed to it by defendant RJ Valente Gravel, Inc. for the rental of a track excavator, a type of construction equipment. Although defendants served a notice of appearance and demand for a complaint in September 2008, the complaint was not tendered…
2Cases cited15 opinions
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- Amodeo v. Gellert & Quartararo, P.C.Appellate Division of the Supreme Court of the State of New York · 2006
- Charlotte Lake River Associates v. American InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Aquilino v. Adirondack Transit Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Ferrara v. GuardinoAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by4 opinions
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