McNeal v. City of New York

Appellate Division of the Supreme Court of New York

McNeal v. City of New York

38 A.D.2d 859, 331 N.Y.S.2d 344

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

DecidedFebruary 28, 1972

StatusPublished

This text of 38 A.D.2d 859 (McNeal v. City of New York) 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

McNeal v. City of New York, 38 A.D.2d 859, 331 N.Y.S.2d 344 (N.Y. Ct. App. 1972).

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Opinion

In a negligence action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Kings County, dated May 6, 1971, which granted plaintiff’s motion to compel defendants to accept service of the complaint and denied defendants’ cross motion to dismiss the action for failure to serve the complaint timely after demand therefor (CPLR 3012, subd. [b]). Order reversed, without costs, plaintiff’s motion denied; defendants’ cross motion granted; and action dismissed. In our opinion, it was an improvident exercise of discretion to grant plaintiff’s motion and deny defendants’ cross motion. Latham, Acting P. J., Shapiro, Gulotta and Christ, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Kings County, dated May 6, 1971, which granted plaintiff’s motion to compel defendants to accept service of the complaint and denied defendants’ cross motion to dismiss the action for failure to serve the complaint timely after demand therefor (CPLR 3012, subd. [b]). Order reversed, without costs, plaintiff’s motion denied; defendants’ cross motion granted; and action dismissed. In our opinion, it was an improvident exercise of discretion to grant plaintiff’s motion and deny defendants’ cross motion. Latham, Acting P. J., Shapiro, Gulotta and Christ, JJ., concur.

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Bluebook (online)

38 A.D.2d 859, 331 N.Y.S.2d 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcneal-v-city-of-new-york-nyappdiv-1972.