Furey v. Milgrom
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHopkins, Acting P. J.
The Special Term granted summary judgment in favor of the defendant on the ground that this action to recover damages for personal injuries as the result of claimed negligence of the defendant was not timely brought (CPLR 214). The question is whether the action survived the Statute of Limitations where the plaintiffs affixed a copy of the summons and complaint on the door of the defendant’s residence on the last day within the Statute of Limitations, but mailed the summons and complaint to the defendant the next day and beyond the statute (CPLR 308, subd. 4). We affirm the order of the…
2Cases cited2 opinions
- Arnold v. Mayal Realty Co.New York Court of Appeals · 1949
- Korn v. . LipmanNew York Court of Appeals · 1911
3Cited by10 opinions
- New York State Higher Education Services Corp. v. PalmeriAppellate Division of the Supreme Court of the State of New York · 1990
- Zaretski v. TutunjianAppellate Division of the Supreme Court of the State of New York · 1987
- Evans v. Hawker-Siddeley Aviation, Ltd.District Court, S.D. New York · 1979
- 417 East Realty Associates v. RyanCivil Court of the City of New York · 1981
- Greenberg v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1991
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