[Download] "Ruth Markoff v. South Nassau Community Hospital" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Ruth Markoff v. South Nassau Community Hospital
- Author : Court of Appeals of New York
- Release Date : January 21, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
When an action that has been timely commenced is later dismissed, CPLR 205 (subd [a]) provides that, even if the Statute of Limitations has or will run, a new action may be commenced within six months of the termination, except if the dismissal was on the merits, for failure to prosecute, or by voluntary discontinuance. An action will not be deemed "commenced," however, until there has been proper service of a summons upon a defendant in compliance with the appropriate method prescribed by the CPLR. Therefore, when an action is dismissed for lack of personal jurisdiction because service of the summons was defective, or because service never occurred, CPLR 205 (subd [a]) will not apply notwithstanding a defendants actual notice, because the action was never "commenced," within the meaning of that statute.
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