Frerk v. Mercy Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Harwood, J.), dated August 30, 1982, which denied its motion to dismiss the complaint for lack of personal jurisdiction. Order reversed, on the law, with costs, motion granted, and complaint dismissed. On May 6,1982, a little over a week before the expiration of the Statute of Limitations, the plaintiff delivered to the Sheriff pursuant to CPLR 203 (subd [b], par 5), a summons, which, however, was without the notice required under CPLR 305 (subd [b]). The…
2Cases cited7 opinions
- Premo v. CornellAppellate Division of the Supreme Court of the State of New York · 1979
- Bal v. Court Employment Project, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Tamburo v. P & C Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- Ciaschi v. Town of EnfieldAppellate Division of the Supreme Court of the State of New York · 1982
- Aversano v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by16 opinions
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- Farkas v. Tarrytown Lumber, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Byrne v. Fordham UniversityAppellate Division of the Supreme Court of the State of New York · 1986
- Kaplan v. ManoliNew York Court of Appeals · 1985
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