Burns v. Meister
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William .Meister, from two orders of ■ tlie Supreme Court,'made at the Kings County .Special Term and-, entered in the office of the clerk of the county, of Kings onthe2Íst day of June, 1910, one of which granted the plaintiff leave to serve a complaint, and the other denied the defendant’s.motion to dismiss the same. • • -
1Opinion of the Court
Jknks, J.:
- A" summons was served on April 19,1904. .The defendant, within 20' days thereafter, appeared and demanded a copy of the'complaint. The attorney for défendant deposes that in February, 1905, an unverified complaint' was served, which was' duly returned because it was not served in time, arid that no other proceedings were had herein until June, 1910, when plaintiff .moved for leave to serve a complaint. The burden of proof was upon the plaintiff to satisfy the court that, there, was a reasonable excuse for this delay. . (Martin v. McCurdy, 120 App. Div. 665.)- Ther'e.was .no…
2Cases cited1 opinion
- Martin v. McCurdyAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Lucenti v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1968
- Schiferle v. FriedmanNew York Supreme Court · 1977
- Bruner v. TorreyAppellate Division of the Supreme Court of the State of New York · 1912