Legal Opinion
Maldonado v. Maryland Rail Commuter Service Administration
New York Court of Appeals
Decided May 5, 1998PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The issue on this appeal is whether a dismissed action, in which a nonexistent entity was named as a defendant and no proper service of process was accomplished, may be recommenced against the intended defendant pursuant to CPLR 306-b (b). Supreme Court denied defendant Maryland Mass Transit Authority’s motion to dismiss plaintiffs’ second effort. The Appellate Division unanimously reversed and dismissed plaintiffs’ complaint, holding that the first action was not timely commenced and thus the CPLR 306-b (b) remedy is not available (239 AD2d 740, 741-742). We…
2Cases cited4 opinions
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984
- Simpson v. Kenston Warehousing Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Maldonado v. Maryland Rail Commuter Service AdministrationAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by22 opinions
- Security Mutual Insurance v. Black & Decker Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Henriquez v. Inserra Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Khedouri v. EquinoxAppellate Division of the Supreme Court of the State of New York · 2010
- Zaleski v. MlynarkiewiczAppellate Division of the Supreme Court of the State of New York · 1998
- Misa v. HossainAppellate Division of the Supreme Court of the State of New York · 2007
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