Legal Opinion
Resch v. Briggs
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 2008PublishedCited by 9 opinions
1Opinion of the CourtKavanagh, J.
Appeal from an order of the Supreme Court (LaBuda, J.), entered February 27, 2007 in Sullivan County, which, among other things, denied defendants’ motion to dismiss the complaint.
On April 18, 2003, plaintiff and defendant Debra A. Briggs were involved in a motor vehicle accident in the Town of Fallsburgh, Sullivan County. Plaintiff subsequently commenced an action against defendants by filing a summons and verified complaint with the Sullivan County Clerk, which were stamped filed and received on April 19, 2006. Defendants moved to dismiss the complaint pursuant to CPLR 3211 (a) (5) claiming…
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