Kramer v. P. Chimento Co.

Appellate Division of the Supreme Court of New York

Kramer v. P. Chimento Co.

37 A.D.2d 597, 323 N.Y.S.2d 648, 1971 N.Y. App. Div. LEXIS 3854

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 1971

StatusPublished

This text of 37 A.D.2d 597 (Kramer v. P. Chimento Co.) 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

Kramer v. P. Chimento Co., 37 A.D.2d 597, 323 N.Y.S.2d 648, 1971 N.Y. App. Div. LEXIS 3854 (N.Y. Ct. App. 1971).

Pincite

Opinion

In an action to recover for loss allegedly sustained by plaintiff due to damage, etc., to property transported by defendant, the latter appeals from an order of the Supreme Court, 'Queens County, dated December 17, 1970, which denied its motion, pursuant to CPLR 3012 (subd. [b]), to dismiss the action for failure to serve a complaint and granted plaintiff’s cross motion to compel defendant to accept service of the complaint. Order reversed, on the law and the facts, with $10 costs and disbursements; defendant’s motion granted; plaintiff’s motion denied; and action dismissed. In our opinion, the circumstances disclosed by the record fail to adequately excuse a 26-month delay in service of the complaint. Hopkins, Acting P. J., Munder, Latham, Christ and Brennan, JJ., concur.

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In an action to recover for loss allegedly sustained by plaintiff due to damage, etc., to property transported by defendant, the latter appeals from an order of the Supreme Court, 'Queens County, dated December 17, 1970, which denied its motion, pursuant to CPLR 3012 (subd. [b]), to dismiss the action for failure to serve a complaint and granted plaintiff’s cross motion to compel defendant to accept service of the complaint. Order reversed, on the law and the facts, with $10 costs and disbursements; defendant’s motion granted; plaintiff’s motion denied; and action dismissed. In our opinion, the circumstances disclosed by the record fail to adequately excuse a 26-month delay in service of the complaint. Hopkins, Acting P. J., Munder, Latham, Christ and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 597, 323 N.Y.S.2d 648, 1971 N.Y. App. Div. LEXIS 3854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kramer-v-p-chimento-co-nyappdiv-1971.