Legal Opinion
Johnson v. Concourse Village, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 7 opinions
1Opinion of the Court
Although plaintiffs counsel served her pleadings just one day after the applicable 120-day service period expired {see CPLR 306-b), and counsel offered proof that he attempted to arrange for service with eight days remaining out of the 120-day period, he nonetheless failed to show diligence in his efforts to effect service, particularly as the three-year statute of limitations (CPLR 214 [5]) had already expired, and he did not follow up with the process server regarding completion of service until after the 120-day service period had expired. There was no evidence to indicate that the…
2Cases cited4 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Slate v. Schiavone Construction CompanyNew York Court of Appeals · 2005
- de Vries v. Metropolitan Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Posada v. PelaezAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by7 opinions
- Umana v. SofolaAppellate Division of the Supreme Court of the State of New York · 2017
- Goldstein Group Holding, Inc. v. 310 East 4th Street Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Marjam Supply Co., Inc. v. Warwick Props., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
- Feng Li v. PengAppellate Division of the Supreme Court of the State of New York · 2021
- Cruz-Guzman v. 2380-2386 Grand Ave, LLCAppellate Division of the Supreme Court of the State of New York · 2016
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