Legal Opinion
Evans v. Sedgwick
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 1978PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County, entered February 9, 1978, denying defendant’s motion to dismiss the complaint, finding that there was valid substituted service of process pursuant to CPLR 308 (subd 4) on defendant on May 19, 1977, unanimously reversed, on the law and the facts, without costs or disbursements, and the motion granted to dismiss the complaint as time barred. Contrary to the holding of Special Term, the defendant’s eventually receiving the summons does not validate improper service (McDonald v Ames Supply Co., 22 NY2d 111; Jacobs v Zurich Ins. Co., 53 AD2d 524).…
2Cases cited5 opinions
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- F. I. duPont, Glore Forgan & Co. v. ChenNew York Court of Appeals · 1977
- Jacobs v. Zurich InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- McCarthy v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1968
- Merchandise National Bank of Chicago v. ListerAppellate Division of the Supreme Court of the State of New York · 1958
3Cited by2 opinions
- Lombay v. PadillaAppellate Division of the Supreme Court of the State of New York · 2010
- Codd v. BarbaroNew York Supreme Court · 1981