Drinkwater v. Bazemore

Appellate Division of the Supreme Court of New York

Drinkwater v. Bazemore

141 A.D.2d 692, 529 N.Y.S.2d 1003, 1988 N.Y. App. Div. LEXIS 7029

Appellate Division of the Supreme Court of the State of New York·Decided June 20, 1988·Published

Opinion

In an action to recover damages for personal injuries, etc., the defendant Walter Bazemore appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated October 29, 1987, which denied his motion, inter alia, for leave to amend his answer to allege the affirmative defense of the Statute of Limitations and, upon such amendment, for summary judgment.

Ordered that the order is affirmed, with costs.

[693] The plaintiffs have pleaded, albeit inartfully, causes of action which sound in both assault and negligence. The summons and complaint were timely served (see, CPLR 203 [b] [5]), and any objections to service were waived. Mangano, J. P., Kunzeman, Rubin, Hooper and Harwood, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, etc., the defendant Walter Bazemore appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated October 29, 1987, which denied his motion, inter alia, for leave to amend his answer to allege the affirmative defense of the Statute of Limitations and, upon such amendment, for summary judgment.

Ordered that the order is affirmed, with costs.

[693] The plaintiffs have pleaded, albeit inartfully, causes of action which sound in both assault and negligence. The summons and complaint were timely served (see, CPLR 203 [b] [5]), and any objections to service were waived. Mangano, J. P., Kunzeman, Rubin, Hooper and Harwood, JJ., concur.

Drinkwater v. Bazemore, 141 A.D.2d 692, 529 N.Y.S.2d 1003, 1988 N.Y. App. Div. LEXIS 7029 (N.Y. Ct. App. 1988).

Pincite

141 A.D.2d 692 (Drinkwater v. Bazemore) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.