· 3/31/2005
Wittenberg Sportsmen's Club, Inc. v. Town of Woodstock Planning Board
Citations
- 16 A.D.3d 991
- 792 N.Y.S.2d 661
- 2005 N.Y. App. Div. LEXIS 3336
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “It has been recommended that a request for pre-action disclosure be sought by means of a special proceeding pursuant to CPLR article 4.”
- “Any failure to exercise due diligence to ascertain the ‘Jane Doe’s’ name subjects the complaint to dismissal as to that party.... An insufficient description [also] subjects the ‘Jane Doe’ complaint to dismissal for being jurisdictionally defective.” (internal citations omitted
- “One pitfall [of Section 1024] is that parties are not to resort to the ‘Jane Doe’ procedure unless they exercise due diligence, prior to the running of the statute of limitations, to identify the defendant by name and, despite such efforts, are unable to do so.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Peters
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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