Appellate Division of the Supreme Court of New York, 2003

Jacquez v. Campouerde

Appellate Division of the Supreme Court of New York · Decided October 27, 2003

309 A.D.2d 903; 766 N.Y.S.2d 89

Cases that cite this one

3 later published cases cite this decision.

Chuan Wang v. Palmisano (District Court, S.D. New York 2016)
Wang v. Palmisano (District Court, S.D. New York 2014)
JDM Import Co. Inc. v. Shree Ramkrishna Exports Pvt. Ltd. (District Court, S.D. New York 2023)

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 *904for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dye, J.), dated September 6, 2002, which, upon reargument, granted the defendant’s motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs contention, the record demonstrates that the Supreme Court dismissed his first action because he failed to obtain personal jurisdiction over the defendant. Accordingly, the plaintiff was not entitled to invoke the six-month extension contained in CPLR 205 (a) to recommence his terminated action (see Schiavone v 801 S. Fulton Ave. Co., 295 AD2d 493 [2002]; County of Rockland v Coakley, 235 AD2d 782 [1997]; cf. Matter of Winston v Freshwater Wetlands Appeals Bd., 224 AD2d 160 [1996]). Since the CPLR 205 (a) extension was not available, the plaintiffs second action, which was commenced after the expiration of the three-year statute of limitations, was time-barred (see Schiavone v 801 S. Fulton Ave. Co., supra). Santucci, J.P., Krausman, Townes and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.