OVERSBY v. LINDE DIV. OF UNION CARBIDE CORP.


121 A.D.2d 373 (1986)

Lawrence Oversby, Appellant, v. Linde Division of Union Carbide Corp. et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 2, 1986


Order affirmed, with one bill of costs.

Special Term properly granted the respective motions to dismiss the complaint insofar as it is asserted against the defendants Pro-Chem Company, Inc. and Linde Division of Union Carbide Corp., on the ground that the plaintiff's service of the complaint was untimely under CPLR 3012. While CPLR 2005 provides that, "[u]pon an application satisfying the requirements of subdivision (d) of section 3012 or subdivision (a) of rule 5015...

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