Legal Opinion

Olscamp v. Fasciano

Appellate Division of the Supreme Court of the State of New York

Decided June 20, 2014PublishedCited by 2 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered April 12, 2013. The order granted the motion of defendant C.M. Mendetta, Jr., to dismiss the complaint against him pursuant to CPLR 3211 (a) (8).

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order that granted *1473the motion of C.M. Mendetta, Jr. (defendant) to dismiss the complaint against him pursuant to CPLR 3211 (a) (8) based on improper service of the summons and complaint. We affirm. We reject plaintiffs…

2Cases cited4 opinions

  1. Feinstein v. BergnerNew York Court of Appeals · 1979
  2. Kalamadeen v. SinghAppellate Division of the Supreme Court of the State of New York · 2009
  3. Marsh v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1990
  4. Seiler v. Ricci's Towing Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Alostar Bank of Commerce v. SanoianAppellate Division of the Supreme Court of the State of New York · 2017
  2. Desselle v. HillsAppellate Division of the Supreme Court of the State of New York · 2023

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