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FOUAD v. THE MILTON HERSHEY SCH. & SCH. TRUST

Index No. 155743/18. Appeal No. 15818. Case No. 2021-04013.

204 A.D.3d 607 (2022)

165 N.Y.S.3d 317

2022 NY Slip Op 02870

F. Frederic Fouad, Respondent, v. The Milton Hershey School and School Trust et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 28, 2022.

Attorney(s) appearing for the Case

Saul, Ewing, Arnstein & Lehr LLP, New York (Colleen Fox of counsel), and Saul, Ewing, Arnstein & Lehr LLP, Philadelphia, PA (Alexander R. Bilus of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for The Milton Hershey School and School Trust, Peter Gurt, Ralph Carfagno, Robert Heist, Velma Redmond, David Saltzman, James W. Brown, M. Diane Koken, James M. Mead, Melissa L. Peeples-Fullmore, Jan Loeffler Bergen and Andrew S. Cline, appellants.

Pryor Cashman LLP, New York (Perry M. Amsellem of counsel), for Elliot Greenleaf P.C. and Jarad W. Handelman, appellants.

Smith Buss & Jacobs LLP, Yonkers (Jeffrey D. Buss of counsel), for respondent.

Concur—Gische, J.P., Webber, Friedman, Oing, Kennedy, JJ.

The court did not abuse its discretion in deeming the complaint filed in the SDNY on September 17, 2018 the operative pleading for the action. CPLR 3012(b) does not require that plaintiff re-serve defendants with state process merely because they were served with the complaint in federal court. Furthermore, giving effect to pleadings filed in federal court before remand will avoid the needless waste of time, effort, and expense that would result from requiring plaintiff to...

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