AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

JOHN SLATE, Respondent, v. SCHIAVONE CONSTRUCTION COMPANY, Appellant.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendant's motion to dismiss the complaint granted and the certified question answered in the negative. In view of the extreme lack of diligence shown by plaintiff, and the long delay (more than a year and a half after running of the statute of limitations) before defendant received any notice of the action, the courts below abused their discretion in granting plaintiff an extension to serve defendant "in the interest of justice" pursuant to CPLR 306-b ( see Leader v. Maroney, Ponzini Spencer, 97 NY2d 95, 105-106).

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order reversed, etc.

Use AI to get other relevant cases.

Comments

SLATE v. SCHIAVONE CONSTRUCTION COMPANY
(Mar 29, 2005)