AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
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
Docket Number
Judges

CARLOS A. LIAROS, Respondent, v. CITY OF NEW YORK et al., Defendants, and JOHN DOE, Appellant.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The appellant demonstrated that the plaintiff failed to comply with CPLR 306-b as he did not attempt to effect service upon it until nearly 1 1/2 years after the filing of the initial summons and amended verified complaint. Accordingly, the plaintiff was required to establish that he was entitled to an extension of time to effect service for good cause shown or in the interest of justice ( see Leader v. Maroney, Ponzini Spencer, 97 NY2d 95). The plaintiff failed to satisfy either standard. In fact, the plaintiff did not seek to validate the late service until after the appellant moved to dismiss the complaint ( see Leadbeater v. Beaubrun, 299 AD2d 458, 459).

Under these circumstances, the appellant was entitled to dismissal of the complaint insofar as asserted against it ( see Ludemann v. Maisel, 292 AD2d 428; Carbonaro v. Maimonides Med. Ctr., 289 AD2d 437, 438).

Use AI to get other relevant cases.

Comments

LIAROS v. CITY OF NEW YORK
(Jan 31, 2005)