Legal Opinion
Howard B. Spivak Architect v. Zilberman
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 2009PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Debra A. James, J.), entered November 29, 2007, which, inter alia, granted defendants’ motion pursuant to CFLR 3012 (b) to dismiss the action for failure to timely serve a complaint, unanimously reversed, on the law, without costs, the motion denied, and the matter remanded for further proceedings.
On December 7, 2006, plaintiff commenced this action to recover damages for breach of contract against defendants by filing a summons with notice. Approximately one week later, plaintiffs counsel mailed a “courtesy copy” of the summons with notice to…
2Cases cited2 opinions
- Micro-Spy, Inc. v. SmallAppellate Division of the Supreme Court of the State of New York · 2004
- Broman v. SternAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- Born To Build, LLC v. SalehAppellate Division of the Supreme Court of the State of New York · 2016
- Ryan v. High Rock Development, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Wimbledon Fin. Master Fund, Ltd. v. Weston Capital Mgt. LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Hyundai Capital Am., Inc. v. MarinaAppellate Division of the Supreme Court of the State of New York · 2024
- Redbridge Bedford, LLC v. 159 N. 3rd St. Realty Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2019
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