Legal Opinion
Petrone v. S.S.K.S. Restaurant Corp.
New York Supreme Court
Decided June 25, 1985PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Fred T. Santucci, J.
This is a motion by defendant pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that the action herein is time barred. The plaintiff opposes the application on the ground that the summons was served and the action was timely commenced pursuant to CPLR 203 (b) (5).
The issue before this court is whether the manner in which the original summons in this action was filed with the county clerk was sufficient to invoke the 60-day extension of the Statute of Limitations provided under CPLR 203 (b) (5).
It is a question of first impression as…
2Cases cited5 opinions
- Arce v. Sybron Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Dowling v. Hillcrest General HospitalAppellate Division of the Supreme Court of the State of New York · 1982
- Sanford v. GarveyAppellate Division of the Supreme Court of the State of New York · 1981
- Filardi v. Bronxville Obstetrical & Gynecological Group, P. C.Appellate Division of the Supreme Court of the State of New York · 1979
- Williams v. Interboro General HospitalAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by1 opinion
- Petrone v. S.S.K.S. Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1986