ROTERING v. SATZ

2009-02773.

71 A.D.3d 861 (2010)

895 N.Y.S.2d 865

ROBERT H. ROTERING, Appellant, v. PERRY SATZ et al., Respondents.

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

Decided March 16, 2010.


Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, and the order dated February 23, 2009, is modified accordingly.

The Supreme Court, sua sponte, directed dismissal of the complaint on the basis, inter alia, that the plaintiff failed to file proof of service of the summons and complaint, citing CPLR 306-b. Pursuant to that statute, a court may only dismiss a complaint for failure...

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