Legal Opinion

Rodriguez v. MC Builders, Inc.

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

Decided May 10, 2005Published

1Opinion of the Court

— Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered October 9, 2003, which, to the extent appealed from as *263limited by the brief, denied defendants-appellants’ motion to dismiss the complaint pursuant to CPLR 3012 (b) and granted plaintiffs cross motion for an extension of time in which to serve her complaint, unanimously affirmed, without costs.

Plaintiff sues to recover for damage to her property allegedly caused by the collapse of an adjacent building. Plaintiffs delay in serving her complaint subsequent to defendants’ demand therefor was excusable under the particular…

2Cases cited1 opinion

  1. Jee Foo Realty Corp. v. LemleAppellate Division of the Supreme Court of the State of New York · 1999

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