Legal Opinion

Dunefsky v. Petco Animal Supplies, Inc.

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

Decided March 24, 2003PublishedCited by 3 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendant Jorich Properties Company appeals from an order of the Supreme Court, Westchester County (Donovan, J.), dated September 24, 2002, which denied its motion to dismiss the action pursuant to CPLR 3012 (b) for failure to timely serve a complaint.

*621Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is dismissed.

The Supreme Court erred in denying the appellant’s motion pursuant to CPLR 3012 (b) to dismiss the action. The plaintiffs failed to demonstrate a reasonable excuse for…

2Cases cited2 opinions

  1. Gibson v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1995
  2. Snyder v. BlinderAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. Maldonado v. Suffolk CountyAppellate Division of the Supreme Court of the State of New York · 2005
  2. Eglit v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2007
  3. Tutora v. SchirripaAppellate Division of the Supreme Court of the State of New York · 2003

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