Thomas v. Terrace Health Care Center, Inc.

Appellate Division of the Supreme Court of New York

Thomas v. Terrace Health Care Center, Inc.

10 A.D.3d 589, 781 N.Y.S.2d 896, 2004 N.Y. App. Div. LEXIS 11195

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

DecidedSeptember 30, 2004

StatusPublished

This text of 10 A.D.3d 589 (Thomas v. Terrace Health Care Center, 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

Thomas v. Terrace Health Care Center, Inc., 10 A.D.3d 589, 781 N.Y.S.2d 896, 2004 N.Y. App. Div. LEXIS 11195 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered June 5, 2003, which, upon consideration of plaintiffs newly submitted affidavit of merit, adhered to the prior order of the same court and Justice granting defendant’s motion to dismiss the action for plaintiff’s failure to serve a timely complaint, unanimously affirmed, without costs.

While a reasonable excuse was proffered for the failure to timely serve the complaint, an affirmance is required because there is a lack of merit in plaintiffs claim. Concur—Nardelli, J.P., Andrias, Ellerin, Gonzalez and Catterson, JJ.

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Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered June 5, 2003, which, upon consideration of plaintiffs newly submitted affidavit of merit, adhered to the prior order of the same court and Justice granting defendant’s motion to dismiss the action for plaintiff’s failure to serve a timely complaint, unanimously affirmed, without costs.

While a reasonable excuse was proffered for the failure to timely serve the complaint, an affirmance is required because there is a lack of merit in plaintiffs claim. Concur—Nardelli, J.P., Andrias, Ellerin, Gonzalez and Catterson, JJ.

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Bluebook (online)

10 A.D.3d 589, 781 N.Y.S.2d 896, 2004 N.Y. App. Div. LEXIS 11195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-terrace-health-care-center-inc-nyappdiv-2004.