Peluso v. Twenty-First Century Restaurant, Inc.

Appellate Division of the Supreme Court of New York

Peluso v. Twenty-First Century Restaurant, Inc.

129 A.D.2d 782, 514 N.Y.S.2d 525, 1987 N.Y. App. Div. LEXIS 45474

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

DecidedApril 27, 1987

StatusPublished

This text of 129 A.D.2d 782 (Peluso v. Twenty-First Century Restaurant, Inc.) 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

Peluso v. Twenty-First Century Restaurant, Inc., 129 A.D.2d 782, 514 N.Y.S.2d 525, 1987 N.Y. App. Div. LEXIS 45474 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Le Vine, J.), dated July 2, 1986, which denied its motion to dismiss the action for failure to timely serve a complaint, on the condition that the plaintiff’s attorneys pay the defendant’s attorney $500 in costs and serve the complaint within 20 days of the date of the order.

Ordered that the order is modified, by deleting the amount "$500.00”, and substituting therefor the amount "$1500.00”. As so modified, the order is affirmed, without costs or disbursements. The time of the plaintiff to serve his complaint and the time of his attorneys to pay the $1,500 in costs is extended to 20 days after service upon them of a copy of this decision and order, with notice of entry.

The court properly exercised its discretion in excusing the plaintiff’s late service of the complaint on the condition that costs be paid. However, we believe the sanction should be increased to $1,500 in view of the almost one-year delay in service. Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.

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In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Le Vine, J.), dated July 2, 1986, which denied its motion to dismiss the action for failure to timely serve a complaint, on the condition that the plaintiff’s attorneys pay the defendant’s attorney $500 in costs and serve the complaint within 20 days of the date of the order.

Ordered that the order is modified, by deleting the amount "$500.00”, and substituting therefor the amount "$1500.00”. As so modified, the order is affirmed, without costs or disbursements. The time of the plaintiff to serve his complaint and the time of his attorneys to pay the $1,500 in costs is extended to 20 days after service upon them of a copy of this decision and order, with notice of entry.

The court properly exercised its discretion in excusing the plaintiff’s late service of the complaint on the condition that costs be paid. However, we believe the sanction should be increased to $1,500 in view of the almost one-year delay in service. Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.

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Bluebook (online)

129 A.D.2d 782, 514 N.Y.S.2d 525, 1987 N.Y. App. Div. LEXIS 45474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peluso-v-twenty-first-century-restaurant-inc-nyappdiv-1987.