Weiss v. 48 West 48th Associates Ltd. Partnership

Appellate Division of the Supreme Court of New York

Weiss v. 48 West 48th Associates Ltd. Partnership

194 A.D.2d 603, 599 N.Y.S.2d 998, 1993 N.Y. App. Div. LEXIS 5998

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

DecidedJune 7, 1993

StatusPublished

This text of 194 A.D.2d 603 (Weiss v. 48 West 48th Associates Ltd. Partnership) 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

Weiss v. 48 West 48th Associates Ltd. Partnership, 194 A.D.2d 603, 599 N.Y.S.2d 998, 1993 N.Y. App. Div. LEXIS 5998 (N.Y. Ct. App. 1993).

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Opinion

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), entered April 19, 1991, which denied its motion to dismiss the complaint for lack of jurisdiction and as barred by the Statute of Limitations, and granted the plaintiff’s motion to strike the defendant’s second and third affirmative defenses.

[604]*604Ordered that the order is affirmed, with costs.

On this record, we find that the defendant is estopped from claiming improper service and the Statute of Limitations (see, Sitaras v Ricciardi & Sons, 76 AD2d 860; see also, Colagrosso v Dean, 99 AD2d 669; Gilbert v Lehman, 73 AD2d 793). Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), entered April 19, 1991, which denied its motion to dismiss the complaint for lack of jurisdiction and as barred by the Statute of Limitations, and granted the plaintiff’s motion to strike the defendant’s second and third affirmative defenses.

[604]*604Ordered that the order is affirmed, with costs.

On this record, we find that the defendant is estopped from claiming improper service and the Statute of Limitations (see, Sitaras v Ricciardi & Sons, 76 AD2d 860; see also, Colagrosso v Dean, 99 AD2d 669; Gilbert v Lehman, 73 AD2d 793). Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

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Bluebook (online)

194 A.D.2d 603, 599 N.Y.S.2d 998, 1993 N.Y. App. Div. LEXIS 5998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-48-west-48th-associates-ltd-partnership-nyappdiv-1993.

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