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Cirino v. Gkanios

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 584 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Supreme Court, Westchester County (Gurahian, J.).


Ordered that the order is affirmed, with costs.

The court did not improvidently exercise its discretion in treating the plaintiff's pro se order to show cause and supporting papers, inter alia, as opposition to the defendant's motion to dismiss pursuant to CPLR 3012 (b). In addition, those papers sufficiently set forth that the plaintiff had a reasonable excuse for the delay in not timely serving the complaint, and demonstrated the meritorious nature of her action (see, Innerarity v. County of Westchester, 144 A.D.2d 645; Niedermeier v Nassau County Dept. of Social Servs., 143 A.D.2d 78). Finally, the defendant's argument that the plaintiff's action was untimely commenced is without merit (see, CPLR 215). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.


Summaries of

Cirino v. Gkanios

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 584 (N.Y. App. Div. 1994)
Case details for

Cirino v. Gkanios

Case Details

Full title:ROSEMARIE CIRINO, Respondent, v. FOTIOS GKANIOS, Also Known as FRANK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 1994

Citations

208 A.D.2d 584 (N.Y. App. Div. 1994)
618 N.Y.S.2d 243

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