Legal Opinion
Preferred Mutual Insurance v. Walter J. Socha Builders, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 5, 1987PublishedCited by 2 opinions
1Opinion of the CourtHarvey, J.
Appeal from an order of the Supreme Court (Walsh, Jr., J.), entered July 2, 1986 in Schenectady County, which conditionally granted defendant’s motion to dismiss the action for failure to serve a complaint.
Plaintiff commenced this action by service of a summons with notice in November 1985. Defendant served a demand for *924a complaint and agreed to extend the time for serving the complaint for 30 days, to March 10, 1986. Plaintiff failed to serve a complaint and, in May 1986, defendant moved to dismiss the action pursuant to CPLR 3012 (b). Supreme Court granted the motion only upon the condition…
2Cases cited5 opinions
- Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
- Stolowitz v. Mount Sinai HospitalNew York Court of Appeals · 1983
- Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Wurzburger v. R. E. Smith Fuel Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Marks v. LevineAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by2 opinions
- Brooklyn Union Gas Co. v. Aaer Sprayed Insulations, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Carmen v. West Hudson HospitalAppellate Division of the Supreme Court of the State of New York · 1987