Legal Opinion

Brooks v. Inn at Saratoga Association

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

Decided December 24, 1992PublishedCited by 19 opinions

1Opinion of the Court

Appeals (1) from an order of the Supreme Court (Viscardi, J.), entered August 12, 1991 in Saratoga County, which granted defendant’s motion to dismiss the action for failure to serve a complaint, and (2) from an order of said court, entered January 3, 1992 in Saratoga County, which denied plaintiff’s motion for reconsideration.

We reject plaintiff’s contention that Supreme Court erred in granting defendant’s motion to dismiss the action based on her failure to timely serve a complaint (see, CPLR 3012 [b]). To avoid dismissal, plaintiff was required to demonstrate a reasonable excuse for the…

2Cases cited8 opinions

  1. A & J Concrete Corp. v. ArkerNew York Court of Appeals · 1981
  2. Barnes v. StateAppellate Division of the Supreme Court of the State of New York · 1990
  3. Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Davis v. Mutual of Omaha InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
  5. Sammons v. FreerAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by19 opinions

  1. Gerdts v. StateAppellate Division of the Supreme Court of the State of New York · 1994
  2. Lake George Park Commission v. SalvadorAppellate Division of the Supreme Court of the State of New York · 1997
  3. Goldmark v. Keystone & Grading Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Cannistra v. GibbonsAppellate Division of the Supreme Court of the State of New York · 1996
  5. Johnson v. Title North, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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