Legal Opinion

Maldonado v. Suffolk County

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

Decided November 7, 2005PublishedCited by 9 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Burke, J.), dated August 2, 2004, which granted the defendant’s motion pursuant to CPLR 3012 (b) to dismiss the action for failure to timely serve a complaint, and denied their cross motion to deem the proposed complaint timely served and to compel compliance with a notice for discovery and inspection.

Ordered that the order is affirmed, with costs.

To avoid dismissal for failure to timely serve a complaint af*354ter demand therefor has been served pursuant…

2Cases cited2 opinions

  1. Balgley v. CammarataAppellate Division of the Supreme Court of the State of New York · 2002
  2. Dunefsky v. Petco Animal Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by9 opinions

  1. Bates v. GalliganAppellate Division of the Supreme Court of the State of New York · 2006
  2. Carducci v. RussellAppellate Division of the Supreme Court of the State of New York · 2014
  3. Aquilar v. Nassau Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Perez-Faringer v. HeilmanAppellate Division of the Supreme Court of the State of New York · 2010
  5. Dayan v. DarcheAppellate Division of the Supreme Court of the State of New York · 2012

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