Stuart v. Gimpel
Cases that cite this one
2 later published cases cite this decision.
- Baione v. Central Suffolk Hospital (Appellate Division of the Supreme Court of New York 2005)
- Sommers v. Cohen (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the de
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint insofar as asserted against the appellant is dismissed, and the action against the remaining defendants is severed.
The Supreme Court should have granted the motion of the defendant Valery Gimpel pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him. The plaintiff failed to diligently attempt to effect service on Gimpel, never moved for an extension of time to effect service, and failed to demonstrate the existence of a meritorious cause of action (see Winter v Irizarry, 300 AD2d 472 [2002]; Rihal v Kirchhoff, 291 AD2d 548 [2002]). Accordingly, an extension of time to serve Gimpel was not warranted, either for good cause shown, or in the interest of justice (see CPLR 306-b; Leader v Maroney, Ponzini & Spencer, 97 NY2d 95 [2001]). Santucci, J.P., Goldstein, Schmidt and Cozier, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.