Legal Opinion

Busler v. Corbett

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 1999PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Scudder, J.

The issue presented on this appeal is whether pursuant to CPLR 306-b Supreme Court abused its discretion by denying plaintiffs motion to extend the time to serve defendants nunc pro tunc in the interest of justice. For the reasons that follow, we conclude that the court should have granted plaintiffs motion.

On April 7, 1995, while driving his sister’s truck, defendant Peter F. Corbett struck plaintiffs vehicle from the rear while plaintiff was stopped at a traffic light. On April 1, 1998, six days before the expiration of the Statute of Limitations, plaintiff…

2Cases cited2 opinions

  1. Wayne E. Boley v. Dale KaymarkCourt of Appeals for the Third Circuit · 1997
  2. National Union Fire Insurance v. Barney AssociatesDistrict Court, S.D. New York · 1990

3Cited by34 opinions

  1. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  2. Estate of Waterman v. JonesAppellate Division of the Supreme Court of the State of New York · 2007
  3. Bumpus v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
  4. Trust v. BaruaAppellate Division of the Supreme Court of the State of New York · 2020
  5. Beauge v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2001

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