Wiley v. Chaloff

Appellate Division of the Supreme Court of New York

Wiley v. Chaloff

156 A.D.2d 916, 549 N.Y.S.2d 877, 1989 N.Y. App. Div. LEXIS 16382

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

DecidedDecember 28, 1989

StatusPublished

This text of 156 A.D.2d 916 (Wiley v. Chaloff) 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

Wiley v. Chaloff, 156 A.D.2d 916, 549 N.Y.S.2d 877, 1989 N.Y. App. Div. LEXIS 16382 (N.Y. Ct. App. 1989).

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Opinion

Casey, J.

Appeal from an order of the Supreme Court (Torraca, J.), entered October 6, 1988 in Ulster County, which denied plaintiffs motion to compel defendants’ attorney to accept late service of the complaint.

Supreme Court properly denied plaintiffs motion to compel acceptance of the complaint in this negligence action. The action was commenced in 1982 by the service of the summons alone. Since the summons did not contain the notice required by CPLR 305 (b), plaintiff never acquired personal jurisdiction over defendants (see, Parker v Mack, 61 NY2d 114) and the Statute of Limitations has long since expired (see, CPLR 214).

Order affirmed, with costs. Mahoney, P. J., Casey, Yesawich, Jr., Levine and Harvey, JJ., concur.

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Casey, J.

Appeal from an order of the Supreme Court (Torraca, J.), entered October 6, 1988 in Ulster County, which denied plaintiffs motion to compel defendants’ attorney to accept late service of the complaint.

Supreme Court properly denied plaintiffs motion to compel acceptance of the complaint in this negligence action. The action was commenced in 1982 by the service of the summons alone. Since the summons did not contain the notice required by CPLR 305 (b), plaintiff never acquired personal jurisdiction over defendants (see, Parker v Mack, 61 NY2d 114) and the Statute of Limitations has long since expired (see, CPLR 214).

Order affirmed, with costs. Mahoney, P. J., Casey, Yesawich, Jr., Levine and Harvey, JJ., concur.

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Bluebook (online)

156 A.D.2d 916, 549 N.Y.S.2d 877, 1989 N.Y. App. Div. LEXIS 16382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiley-v-chaloff-nyappdiv-1989.

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