Leone v. City of New York

New York Supreme Court

Leone v. City of New York

203 Misc. 73, 121 N.Y.S.2d 117, 1952 N.Y. Misc. LEXIS 2284

CourtNew York Supreme Court

DecidedJune 11, 1952

StatusPublished

Cited by2 cases

This text of 203 Misc. 73 (Leone v. City of New York) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leone v. City of New York, 203 Misc. 73, 121 N.Y.S.2d 117, 1952 N.Y. Misc. LEXIS 2284 (N.Y. Super. Ct. 1952).

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Opinion

Moss, J.

This is a motion by the City of New York to vacate service of the summons and to dismiss the complaint on the ground that no proper service was made upon it. The summons and complaint were served by registered mail and retained by the defendant for several months, from February 9, 1952, to May 20, 1952, when the motion papers herein were served. During that time, at the request of the city, by stipulations on the printed form used by the corporation counsel, the time of the city to answer or make any motion with respect to the complaint was extended from time to time to May 21, 1952. Had the city returned the summons promptly, plaintiff would have had sufficient time to commence the action by personal service within the prescribed time. The action of the city in not returning the summons and complaint and in obtaining extensions of time at its request was tantamount to an admission of service of the summons and to a general appearance. The city waived any defect of service. The motion is denied with leave to the defendant to serve an answer within thirty days from date of service of a copy of the order to be entered herein. Settle order on notice.

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Moss, J.

This is a motion by the City of New York to vacate service of the summons and to dismiss the complaint on the ground that no proper service was made upon it. The summons and complaint were served by registered mail and retained by the defendant for several months, from February 9, 1952, to May 20, 1952, when the motion papers herein were served. During that time, at the request of the city, by stipulations on the printed form used by the corporation counsel, the time of the city to answer or make any motion with respect to the complaint was extended from time to time to May 21, 1952. Had the city returned the summons promptly, plaintiff would have had sufficient time to commence the action by personal service within the prescribed time. The action of the city in not returning the summons and complaint and in obtaining extensions of time at its request was tantamount to an admission of service of the summons and to a general appearance. The city waived any defect of service. The motion is denied with leave to the defendant to serve an answer within thirty days from date of service of a copy of the order to be entered herein. Settle order on notice.

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Bluebook (online)

203 Misc. 73, 121 N.Y.S.2d 117, 1952 N.Y. Misc. LEXIS 2284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leone-v-city-of-new-york-nysupct-1952.

Opinion

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