Allan v. Wilpon

Appellate Division of the Supreme Court of New York

Allan v. Wilpon

93 A.D.2d 717, 460 N.Y.S.2d 738, 1983 N.Y. App. Div. LEXIS 17547

Appellate Division of the Supreme Court of the State of New York·Decided April 7, 1983·Published

Opinion

—Order, Supreme Court, New York County (Maresca, J.), entered on March 8, 1982, unanimously affirmed. Respondent shall recover of appellant $75 costs and disbursements of this appeal. Judgment of said court, entered on March 25, 1982, unanimously modified, without costs and without disbursements, to dismiss the complaint without prejudice. Since the plaintiff was improperly served, the dismissal should have been without prejudice. No opinion. Concur — Sandler, J. P., Carro, Fein, Kassal and Alexander, JJ.

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—Order, Supreme Court, New York County (Maresca, J.), entered on March 8, 1982, unanimously affirmed. Respondent shall recover of appellant $75 costs and disbursements of this appeal. Judgment of said court, entered on March 25, 1982, unanimously modified, without costs and without disbursements, to dismiss the complaint without prejudice. Since the plaintiff was improperly served, the dismissal should have been without prejudice. No opinion. Concur — Sandler, J. P., Carro, Fein, Kassal and Alexander, JJ.

Allan v. Wilpon, 93 A.D.2d 717, 460 N.Y.S.2d 738, 1983 N.Y. App. Div. LEXIS 17547 (N.Y. Ct. App. 1983).

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