MULLEN v. ACKERMAN


117 Misc.2d 1022 (1983)

James C. Mullen, Plaintiff, v. F. Stanton Ackerman, Defendant.

Supreme Court, Special Term, Albany County.

February 18, 1983


Attorney(s) appearing for the Case

Robert D. Becker and Michael D'Agostino for plaintiff. Roche & Wolkenbreit, P. C. (Stuart C. Henderson of counsel), for defendant.


HAROLD J. HUGHES, J.

The issue raised on this motion is whether the making of a motion to dismiss a complaint as untimely served extends the time to serve an answer thereto.

The court holds that when a defendant rejects a complaint as untimely served and moves for dismissal under CPLR 3012, and that motion is denied, the time in which to answer is extended until 20 days after the reservice of the rejected complaint.

In this action against...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases