Leibowitz v. Glickman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for assault and battery, the defendant appeals from an order of Supreme Court, Nassau County (Adams, J.), entered May 25, 2007, which denied that branch of his motion which was pursuant to CPLR 3012 (b) to dismiss the action based upon the plaintiffs failure to timely serve a complaint and granted the plaintiffs cross motion, in effect, to compel him to accept an untimely complaint.
Ordered that the order is reversed, on the law, with costs, that branch of the defendant’s motion which was pursuant to CPLR 3012 (b) to dismiss the action based upon the plaintiffs…
2Cases cited9 opinions
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- Giordano v. Vanchieri & PerrierAppellate Division of the Supreme Court of the State of New York · 2005
- Miraglia v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2002
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