Legal Opinion

Barton v. County of Monroe

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

Decided February 28, 1983PublishedCited by 3 opinions

1Opinion of the Court

— Order unanimously reversed, without costs, motion granted, and action dismissed. Memorandum: Plaintiff has failed to show a meritorious cause of action and a justifiable excuse for the delay in serving his complaint; therefore, the action must be dismissed. The affidavit of plaintiff’s attorney, who lacked personal knowledge of the facts, was insufficient to establish a meritorious cause of action (Barasch v Micucci, 49 NY2d 594, 600). (Appeal from order of Supreme Court, Monroe County, Curran, J. — dismiss action.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.

2Cases cited1 opinion

  1. Barasch v. MicucciNew York Court of Appeals · 1980

3Cited by3 opinions

  1. Rowley v. Carl Zeiss, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Wasielewski v. Town of CheektowagaAppellate Division of the Supreme Court of the State of New York · 2001
  3. Munz v. La Guardia HospitalAppellate Division of the Supreme Court of the State of New York · 1985