WIMBLEDON FINANCING MASTER FUND, LTD. v. WESTON CAPITAL MGT. LLC

653468/15 3907. 3906. 3905.

150 A.D.3d 427 (2017)

2017 NY Slip Op 03614

55 N.Y.S.3d 1

WIMBLEDON FINANCING MASTER FUND, LTD., Appellant, v. WESTON CAPITAL MANAGEMENT LLC, et al., Defendants, and MARSHALL MANLEY, Respondent.

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

Decided May 4, 2017.


Plaintiff commenced this securities fraud action against 26 defendants by filing a summons with notice on October 16, 2015, and served defendant Manley pursuant to CPLR 308(2) twelve days later. On November 3, 2015, before plaintiff had filed proof of service, defendant served a demand for a complaint pursuant to CPLR 3012(b). Plaintiff, taking the position that the demand was a nullity...

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