De Stefano v. Nash
| Decision Date | 26 December 1972 |
| Citation | 338 N.Y.S.2d 919,40 A.D.2d 1010 |
| Parties | Edward DE STEFANO, Respondent, v. John F. NASH et al., Trustees of the property of Lehigh Valley Railroad Company, Debtor, Appellants, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
Before MUNDER, Acting P.J., and MARTUSCELLO, SHAPIRO, GULOTTA and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, defendanttrustees appeal from an order of the Supreme Court, Kings County, dated May 9, 1972, which denied their motion to dismiss the action for failure to serve a complaint, pursuant to CPLR 3012(subd. (b)), on condition that plaintiff submit an affidavit of merits and serve a complaint within 30 days after service of a copy of the order with notice of entry.
Order reversed, in the exercise of discretion, with $10 costs and disbursements, and motion to dismiss the complaint granted.
The summons was served two days before the three-year Statute of Limitations would have barred the action; and the motion to dismiss was made about 10 months after the service of appellants' notice of appearance demanding service of a complaint.No complaint was served until after the motion to dismiss the complaint was made.
In the...
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Barasch v. Micucci
...the plaintiff must also demonstrate to the court that the claim against the defendant has legal merit (e. g., De Stefano v. Nash, 40 A.D.2d 1010, 338 N.Y.S.2d 919; Beckham v. Lefferts Gen. Hosp., 36 A.D.2d 726, 320 N.Y.S.2d 263; see Siegel, Practice Commentaries, McKinneys Cons.Laws of N.Y.......
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Bardales v. Blades
...attorney's conduct was not excusable (see, Perellie v. Crimson's Rest., 108 A.D.2d 903, 485 N.Y.S.2d 789, supra; DeStefano v. Nash, 40 A.D.2d 1010, 338 N.Y.S.2d 919). ...
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Vaccaro v. Fairfield Engineering Co.
...(Hellner v. Mannow, 41 A.D.2d 525, 340 N.Y.S.2d 15, app. dismissed 32 N.Y.2d 897, 346 N.Y.S.2d 815, 300 N.E.2d 155; DeStefano v. Nash, 40 A.D.2d 1010, 338 N.Y.S.2d 919). Order unanimously reversed without costs, motion granted and action ...
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Wolfe v. Town of Hempstead, Dept. of Parks and Recreation
...that his claim against the defendant has merit (see Verre v. Rosas, 47 N.Y.2d 795, 417 N.Y.S.2d 929, 391 N.E.2d 1010; De Stefano v. Nash, 40 A.D.2d 1010, 338 N.Y.S.2d 919). At bar neither requisite has been met. The original attorney's claim that his eye troubles prevented service of a comp......
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IX. APPEALS APPEALS
...3d 134(A), 851 N.Y.S.2d 74, 2007 WL 4165282, at *1 (App. Term, 2d Dep't 2007).[2348] CPLR 5511.[2349] CPLR 5015(a); De Stefano v. Nash, 40 A.D.2d 1010, 1010, 338 N.Y.S.2d 919 (2d Dep't 1972); Beckham v. Lefferts Gen. Hosp., 36 A.D.2d 726, 726, 320 N.Y.S.2d 263 (2d Dep't 1971); see David D. ......