Murdock v. Caputi

Appellate Division of the Supreme Court of New York

Murdock v. Caputi

59 A.D.2d 713, 398 N.Y.S.2d 451, 1977 N.Y. App. Div. LEXIS 13682

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

DecidedOctober 11, 1977

StatusPublished

This text of 59 A.D.2d 713 (Murdock v. Caputi) 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

Murdock v. Caputi, 59 A.D.2d 713, 398 N.Y.S.2d 451, 1977 N.Y. App. Div. LEXIS 13682 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, defendant ap[714]*714peals from an order of the Supreme Court, Suffolk County, dated August 23, 1976, which granted plaintiff-respondent’s motion to strike the first and second affirmative defenses interposed by him (lack of jurisdiction resulting from ineffective service and the Statute of Limitations). Order reversed, with $50 costs and disbursements, and motion denied. There is no showing by respondent justifying his failure to invoke the aid of the court, as provided for in CPLR 308 (subd 5), to effect substituted personal service upon appellant. Cohalan, J. P., Titone, Hawkins and Suozzi, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendant ap[714]*714peals from an order of the Supreme Court, Suffolk County, dated August 23, 1976, which granted plaintiff-respondent’s motion to strike the first and second affirmative defenses interposed by him (lack of jurisdiction resulting from ineffective service and the Statute of Limitations). Order reversed, with $50 costs and disbursements, and motion denied. There is no showing by respondent justifying his failure to invoke the aid of the court, as provided for in CPLR 308 (subd 5), to effect substituted personal service upon appellant. Cohalan, J. P., Titone, Hawkins and Suozzi, JJ., concur.

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Bluebook (online)

59 A.D.2d 713, 398 N.Y.S.2d 451, 1977 N.Y. App. Div. LEXIS 13682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murdock-v-caputi-nyappdiv-1977.