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MALDONADO v. MARYLAND RAIL

91 N.Y.2d 467 (1998)

695 N.E.2d 700

672 N.Y.S.2d 831

Carlos Maldonado et al., Appellants, v. Maryland Rail Commuter Service Administration, Respondent. (Action No. 1.) Carlos Maldonado et al., Appellants, v. Mass Transit Administration, Respondent. (Action No. 2.)

Court of Appeals of the State of New York.

Decided May 5, 1998.

Attorney(s) appearing for the Case

Ziff, Weiermiller, Hayden & Mustico, L. L. P., Elmira (James G. Levins, III, of counsel), for appellants.

Personius, Prechtl, Mattison, Palmer & Brockway, Elmira (William R. Palmer of counsel), for Mass Transit Administration, respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

The issue on this appeal is whether a dismissed action, in which a nonexistent entity was named as a defendant and no proper service of process was accomplished, may be recommenced against the intended defendant pursuant to CPLR 306-b (b). Supreme Court denied defendant Maryland Mass Transit Authority's motion to dismiss plaintiffs' second effort. The Appellate Division unanimously reversed and...

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