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Scott v. George

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1049 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Supreme Court, Monroe County, Kehoe, J.

Present — Pine, J.P., Fallon, Callahan, Davis and Boehm, JJ.


Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant's motion to dismiss the complaint pursuant to CPLR 3012 (b). The proffered excuse that plaintiff did not understand that he could not proceed pro se while represented by an attorney does not constitute a reasonable excuse for the untimely service of the complaint nor does it excuse his failure to submit an affidavit of merit (see, Redding v Saunders, 213 A.D.2d 1015, lv denied 85 N.Y.2d 811; Brooks v Inn at Saratoga Assn., 188 A.D.2d 921; Sabatino v Albany Med. Ctr. Hosp., 187 A.D.2d 777, 778; Yule v Comerford, 140 A.D.2d 981; see generally, Kel Mgt. Corp. v Rogers Wells, 64 N.Y.2d 904, 905). "A pro se litigant acquires no greater rights than those of any other litigant and cannot use such status to deprive defendant of the same rights as other defendants [citation omitted]" (Brooks v Inn at Saratoga Assn., supra, at 921).


Summaries of

Scott v. George

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1049 (N.Y. App. Div. 1995)
Case details for

Scott v. George

Case Details

Full title:JAMES H. SCOTT, Respondent, v. EUGENE GEORGE, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 22, 1995

Citations

222 A.D.2d 1049 (N.Y. App. Div. 1995)
635 N.Y.S.2d 864

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