Ali v. Communicar Car Service

282 A.D.2d 413, 722 N.Y.S.2d 400, 2001 N.Y. App. Div. LEXIS 3307
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 2, 2001
StatusPublished
Cited by1 cases

This text of 282 A.D.2d 413 (Ali v. Communicar Car Service) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ali v. Communicar Car Service, 282 A.D.2d 413, 722 N.Y.S.2d 400, 2001 N.Y. App. Div. LEXIS 3307 (N.Y. Ct. App. 2001).

Opinion

—In an action to recover damages for wrongful termination of employment, the defendants appeal from an order of the Supreme Court, Kings County (Lewis, J.), dated September 18, 2000, which, upon a finding that service of process was proper, granted that branch of the plaintiff’s motion which was, in effect, for summary judgment on the issue of back pay.

Ordered that the order is reversed, on the law, with costs, the branch of the plaintiff’s motion which was, in effect, for summary judgment on the issue of back pay is denied, and the complaint is dismissed.

The attempt at service in this action violated CPLR 2103 (a). Accordingly, the complaint must be dismissed based on [414]*414improper service of process (see, Miller v Bank of N. Y. [Del], 226 AD2d 507). Ritter, J. P., Krausman, Florio and Feuerstein, JJ., concur.

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Related

Munoz v. Reyes
40 A.D.3d 1059 (Appellate Division of the Supreme Court of New York, 2007)

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Bluebook (online)
282 A.D.2d 413, 722 N.Y.S.2d 400, 2001 N.Y. App. Div. LEXIS 3307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ali-v-communicar-car-service-nyappdiv-2001.