DRAKE JR. v. BATES


49 A.D.3d 1098 (2008)

853 N.Y.S.2d 733

RONALD DRAKE JR., Appellant, v. JOHN BATES, as Sheriff of Schoharie County, et al., Respondents.

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

Decided March 27, 2008.


Rose, J.

Plaintiff commenced this negligence action to recover alleged damages sustained while he was incarcerated at the Schoharie County Jail. After service of a summons with notice, defendants served a notice of appearance and demand for complaint on October 17, 2005. After plaintiff failed to serve a complaint, defendants moved on October 18, 2006 for dismissal of the action pursuant to CPLR 3012 (b). Supreme Court granted the motion and plaintiff appeals.

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