Osinowo v. Comptroller

Appellate Division of the Supreme Court of New York

Osinowo v. Comptroller

214 A.D.2d 343, 625 N.Y.S.2d 890, 1995 N.Y. App. Div. LEXIS 3730

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

DecidedApril 6, 1995

StatusPublished

This text of 214 A.D.2d 343 (Osinowo v. Comptroller) 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

Osinowo v. Comptroller, 214 A.D.2d 343, 625 N.Y.S.2d 890, 1995 N.Y. App. Div. LEXIS 3730 (N.Y. Ct. App. 1995).

Pincite

Opinion

Orders, Supreme Court, Bronx County (Douglas McKeon, J.), entered May 3, 1994, which denied plaintiffs motions for summary [344]*344judgment in two separate actions, unanimously affirmed, without costs.

There is no merit to plaintiffs argument that the IAS Court should have conducted a hearing on the issue of service of process, there being no indication in the record that a complaint in either action (or, for that matter, the motions for summary judgment), were ever served upon defendant Comptroller. At best, the papers indicate service of summonses with notice and notices of claim, the latter being mistakenly taken by plaintiff as a complaint. Obviously, issue has not been joined in either action (CPLR 3212 [a]). Concur—Sullivan, J. P., Wallach, Nardelli, Williams and Mazzarelli, JJ.

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Orders, Supreme Court, Bronx County (Douglas McKeon, J.), entered May 3, 1994, which denied plaintiffs motions for summary [344]*344judgment in two separate actions, unanimously affirmed, without costs.

There is no merit to plaintiffs argument that the IAS Court should have conducted a hearing on the issue of service of process, there being no indication in the record that a complaint in either action (or, for that matter, the motions for summary judgment), were ever served upon defendant Comptroller. At best, the papers indicate service of summonses with notice and notices of claim, the latter being mistakenly taken by plaintiff as a complaint. Obviously, issue has not been joined in either action (CPLR 3212 [a]). Concur—Sullivan, J. P., Wallach, Nardelli, Williams and Mazzarelli, JJ.

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Bluebook (online)

214 A.D.2d 343, 625 N.Y.S.2d 890, 1995 N.Y. App. Div. LEXIS 3730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osinowo-v-comptroller-nyappdiv-1995.