Legal Opinion
Rihal v. Kirchhoff
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 2002PublishedCited by 15 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeáls from an order of the Supreme Court, Nassau County (Carter, J.), dated April 27, 2001, which denied his motion to extend the time in which to serve the summons and complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiffs motion to extend the time in which to serve the defendant pursuant to CPLR 306-b, despite the expiration of the statute of limitations. The record demonstrates an extended delay in service, a lack of diligence in…
2Cases cited2 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Carbonaro v. Maimonides Medical CenterAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by15 opinions
- Leadbeater v. BeaubrunAppellate Division of the Supreme Court of the State of New York · 2002
- Baione v. Central Suffolk HospitalAppellate Division of the Supreme Court of the State of New York · 2005
- Burwell v. Yonkers General HospitalAppellate Division of the Supreme Court of the State of New York · 2004
- Winter v. IrizarryAppellate Division of the Supreme Court of the State of New York · 2002
- DeSilva v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2002
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