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GALLO v. VENTIMIGLIA

283 A.D.2d 331 (2001)

726 N.Y.S.2d 17

VINCENT GALLO, Respondent, v. JOHN VENTIMIGLIA, Appellant.

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

Decided May 24, 2001.

Plaintiff's action for assault and battery, recommenced within 120 days of entry of the order dismissing his original action for invalid service, was properly found to have been timely pursuant to the governing statute, CPLR former 306-b (b). In the case at bar, plaintiff's counsel were only belatedly notified by their court-watching service of the order granting defendant's motion to dismiss the original action. Upon learning...

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