Appellate Division of the Supreme Court of New York, 2009

Bennett v. Hucke

Appellate Division of the Supreme Court of New York · Decided July 7, 2009

64 A.D.3d 529; 881 N.Y.S.2d 335

Cases that cite this one

16 later published cases cite this decision.

Deutsche Bank Natl. Trust Co. v. Hall (Appellate Division of the Supreme Court of New York 2020)
Archer v. Motor Vehicle Accident Indemnification Corp. (Appellate Division of the Supreme Court of New York 2014)
Archer v. Motor Vehicle Accident Indemnification Corp. (Appellate Division of the Supreme Court of New York 2014)
Old Republic Natl. Title Ins. Co. v. 1152 53 Mgt., LLC (Appellate Division of the Supreme Court of New York 2024)
Digital Direct & More, Inc. v. Dialectic Distrib., LLC (Appellate Division of the Supreme Court of New York 2024)
Han v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2022)
Hamilton Equity Group, LLC v. Lumbrereas (Appellate Division of the Supreme Court of New York 2021)
Moody v. Hmoud (Appellate Division of the Supreme Court of New York 2021)
21st Mtge. Corp. v. Raghu (Appellate Division of the Supreme Court of New York 2021)
U.S. Bank N.A. v. Gilchrist (Appellate Division of the Supreme Court of New York 2019)
Portilla v. Law Offices of Arcia & Flanagan (Appellate Division of the Supreme Court of New York 2015)
Lema v. New York Central Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2013)
Lema v. New York Central Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2013)
Borrie v. County of Suffolk (Appellate Division of the Supreme Court of New York 2011)
Nowacki v. Becker (Appellate Division of the Supreme Court of New York 2010)
Clinkscale v. Sampson (Appellate Division of the Supreme Court of New York 2010)

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, etc. the plaintiff Joseph Bennett, as guardian of James Bennett, an incapacitated person, appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated March 18, 2008, which granted the motion of the defendants Alan Kirk, Alan H. Kirk, Inc., and Alan Kirk Custom Homes, Inc., pursuant to CPLR 3211 to dismiss the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, and the respondents’ motion pursuant to CPLR 3211 to dismiss the complaint insofar as asserted against them is denied.

*530As the plaintiff correctly contends, the motion of the defendants Alan Kirk, Alan H. Kirk, Inc., and Alan Kirk Custom Homes, Inc. (hereinafter collectively the Kirk defendants), pursuant to CPLR 3211 to dismiss the complaint was not made within the time period in which those defendants were required to serve an answer (see CPLR 3211 [e]). Accordingly, since no extension of time to make the motion was requested by the Kirk defendants or granted by the court (see CPLR 2004), the motion should have been denied as untimely (see Bowes v Healy, 40 AD3d 566 [2007]; Diaz v DiGiulio, 29 AD3d 623 [2006]; Continental Info. Sys. Corp. v Mutual Life Ins. Co. of N.Y., 77 AD2d 316, 318 [1980]). The Kirk defendants may pursue any appropriate relief by way of a summary judgment motion in the normal course of the litigation (see Diaz v DiGiulio, 29 AD3d at 623).

In view of the foregoing, we need not reach the parties’ remaining contentions. Mastro, J.P, Skelos, Dickerson and Lott, JJ., concur.

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