LLAMA v. MOBIL SERVICE STATION


262 A.D.2d 457 (1999)

692 N.Y.S.2d 98

MARGARITA LLAMA et al., Appellants, v. MOBIL SERVICE STATION, Also Known as PAR-ROCK AUTO CARE, INC., Also Known as NOR-WAY SERVICE STATION, Respondent.

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

Decided June 14, 1999.


Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, the amended complaint is deemed served, and the defendant's time to answer is enlarged to 20 days after service upon it of a copy of this decision and order with notice of entry.

The Supreme Court erred in its determination that the plaintiffs' proposed amended complaint was untimely. The plaintiffs' breach of warranty claim arose from the same occurrences as gave rise...

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