Legal Opinion
Tonello v. Carborundum Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1983PublishedCited by 11 opinions
1Opinion of the Court
— Order unanimously reversed, without costs, defendant’s motion granted and complaint dismissed. Memorandum: It was an abuse of discretion for Special Term to deny defendant’s motion to dismiss the action for failure to serve a complaint (see Scarborough v Zimmon, 56 NY2d 784). The purported reason for the delay in serving a complaint in this wrongful death action was that settlement negotiations were in progress. The record reveals no reasonable basis for plaintiff’s belief that settlement negotiations were under way. The action was commenced on May 26, 1981 by service of a summons with…
2Cases cited3 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Scarborough v. ZimmonNew York Court of Appeals · 1982
3Cited by11 opinions
- Oversby v. Linde Division of Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Luksic v. KillmerAppellate Division of the Supreme Court of the State of New York · 1984
- BERGES, JUDITH A. v. PFIZER, INC.Appellate Division of the Supreme Court of the State of New York · 2013
- Hatch v. St. Joseph's HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- McNamara v. Past Time Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
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