Legal Opinion
Benson v. Rana Management, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 29, 1987PublishedCited by 4 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), entered December 20, 1985, which denied, as academic, its motion for an order dismissing the action for the plaintiff’s failure to serve a complaint, on the ground that a complaint had been served while the motion was pending.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is dismissed.
The plaintiff commenced this action by service of a summons with notice. The defendant served a notice of…
2Cases cited3 opinions
- Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
- Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Varanelli v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by4 opinions
- Ferrara v. GuardinoAppellate Division of the Supreme Court of the State of New York · 1990
- Concerned Citizens of Albany-Shaker Road v. StateAppellate Division of the Supreme Court of the State of New York · 1988
- Niedermeier v. Nassau County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1988
- Kam Yue Man v. MantioneAppellate Division of the Supreme Court of the State of New York · 1991