Legal Opinion
Havens v. Best Way Lines, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 1978PublishedCited by 4 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered December 9, 1976 in Madison County, which denied a motion to dismiss the complaint. The instant action arose out of an automobile accident which occurred on January 31, 1973. Issue was joined in 1975. On July 28, 1976 the defendant served a demand on the plaintiff to serve a note of issue within 45 days. On September 17, 1976 the defendant moved to dismiss the complaint for failure to serve the note of issue within the 45 days (CPLR 3216). The order denying said motion is the subject of the present appeal. The order must be…
2Cases cited5 opinions
- Brown v. WeissbergAppellate Division of the Supreme Court of the State of New York · 1964
- Prezio v. MilaneseAppellate Division of the Supreme Court of the State of New York · 1972
- Semprevivo v. WormuthAppellate Division of the Supreme Court of the State of New York · 1975
- Stubblebine v. FrattoAppellate Division of the Supreme Court of the State of New York · 1971
- Stubblebine v. FrattoNew York Court of Appeals · 1972
3Cited by4 opinions
- Sussman v. Franklin General HospitalAppellate Division of the Supreme Court of the State of New York · 1980
- Central School District No. 1 v. Perfetto & Whalen Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Finch v. BeagellAppellate Division of the Supreme Court of the State of New York · 1979
- Young v. Mohawk Valley Cooperative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1979