Legal Opinion

Camacho v. Attell

New York Supreme Court

Decided May 21, 1996Published

1Opinion of the Court

OPINION OF THE COURT

Thomas P. Phelan, J.

Plaintiffs unopposed application for an order granting leave to expand the time to serve defendants Idalgo Benitez and Josepha Joya and to file affidavits of service nunc pro tune is denied.

*606Plaintiff brings the action to recover for overlapping personal injuries allegedly received in two separate auto accidents on November 6, 1994 and January 24, 1995.

An index number, purchased on August 9, 1995, triggered the 120-day period in which to serve defendants and file the affidavits of service (CPLR 306-b [a]).

It is uncontroverted that plaintiff served…

2Cases cited3 opinions

  1. Rodriguez v. Middle Atlantic Auto Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  2. Norstar Bank v. WittbrodtNew York Supreme Court · 1993
  3. Alvarez v. Thrifty Rent-A-Car System, Inc.New York Supreme Court · 1995

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