Legal Opinion
Abitol v. Schiff
New York Supreme Court
Decided May 18, 1999PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Arthur W. Lonschein, J.
In 1996, CPLR 3211 (e) was amended so that a defendant *950who has served an answer asserting an objection of improper service of the summons and complaint is held to have waived the objection unless he moves for judgment on that ground within 60 days of serving the pleading. The time may be extended, upon the ground of undue hardship. The court here is called upon to determine the extent of the proof required before the court may conclude that undue hardship has been shown, an issue not previously raised.
The defendant served an answer in which he raised…
2Cases cited7 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
- Tewari v. TsoutsourasNew York Court of Appeals · 1989
- Pizzi v. Bradlee's Division of Stop & Shop, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Assing v. United Rubber Supply Co.Appellate Division of the Supreme Court of the State of New York · 1987
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3Cited by5 opinions
- U.S. Bank Natl. Assn. v. IoannidesAppellate Division of the Supreme Court of the State of New York · 2021
- Worldcom, Inc. v. Dialing Loving Care, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Thompson v. CuadradoAppellate Division of the Supreme Court of the State of New York · 2000
- Yellow Book Co. v. RoseNassau County District Court · 1999
- State v. MappaNew York Supreme Court · 2009