Legal Opinion
Whitney v. Stewart
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1991PublishedCited by 5 opinions
1Opinion of the Court
— Order insofar as appealed from unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed. Memorandum: Defendants served plaintiff with a demand for service of the complaint on December 20, 1988. When plaintiff failed to serve a complaint by December 5, 1989, defendants moved to dismiss pursuant to CPLR 3012 (b). Plaintiff, an attorney, then cross-moved for an extension of time in which to serve the complaint. We conclude that plaintiff failed to demonstrate a reasonable excuse for the lengthy delay in failing to serve a complaint and that…
2Cases cited4 opinions
- Caton v. Schenectady GazetteAppellate Division of the Supreme Court of the State of New York · 1981
- Zolov v. DonovanAppellate Division of the Supreme Court of the State of New York · 1988
- Manfreda v. Kendall Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Sinder v. 345 Cypress Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1970
3Cited by5 opinions
- Neuman v. GreenblattAppellate Division of the Supreme Court of the State of New York · 1999
- Rios v. Skaters World Roller Rink, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Alvarado v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Langone v. Ben's Auto Parts, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Pollack v. EskanderAppellate Division of the Supreme Court of the State of New York · 1993