MacLeod v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Covello, J.
In 2007 CPLR 2001 was amended to provide a measure of judicial forgiveness for certain mistakes that a plaintiff or petitioner might make with respect to the commencement of an action or special proceeding. On this appeal, the question presented is whether the plaintiffs, who filed a summons and complaint in a personal injury action with the appropriate clerk and within the applicable limitations period, but mistakenly filed those papers under the index number assigned to a related proceeding for leave to conduct pre-action disclosure that had been previously…
2Cases cited15 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Gershel v. PorrNew York Court of Appeals · 1996
- Grant v. SenkowskiNew York Court of Appeals · 2001
- Klein v. City of YonkersNew York Court of Appeals · 1981
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3Cited by14 opinions
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- Matter of American Commerce Ins. Co. v. NowickiAppellate Division of the Supreme Court of the State of New York · 2014
- Alvarez v. WrightAppellate Division of the Supreme Court of the State of New York · 2014
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