Micro-Spy, Inc. v. Small
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Goldstein, J.
At issue here is whether a defendant may demand a complaint pursuant to CPLR 3012 (b) before he or she is served with a summons. We find that CPLR 3012 (b) makes no provision for such a demand.
The instant action seeks to recover damages incurred in an accident on December 24, 1998. After appointment of an administrator for the defendant’s decedent on December 12, 2001, the instant action was commenced by filing a summons with notice on December 21, 2001.
On March 29, 2002, prior to service of the summons with notice upon her, the defendant served a notice of…
2Cases cited12 opinions
- Parker v. MackNew York Court of Appeals · 1984
- Frerk v. Mercy HospitalNew York Court of Appeals · 1984
- Drummer v. Valeron Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Rowell v. Gould, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Farkas v. Tarrytown Lumber, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
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3Cited by15 opinions
- Heath v. NormileAppellate Division of the Supreme Court of the State of New York · 2015
- Howard B. Spivak Architect v. ZilbermanAppellate Division of the Supreme Court of the State of New York · 2009
- Micro-Spy, Inc. v. SmallAppellate Division of the Supreme Court of the State of New York · 2010
- 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
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