Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05207
Suffolk County Pub. Admr. v Davin’s Funeral Home, Inc.
Read the official decision: 2026 NY Slip Op 05207
Holding The Appellate Division reversed the lower court’s dismissal, holding that the plaintiff’s new action was timely commenced under the savings provision of CPLR 205(a). The court determined that the prior action terminated in April 2023, and the new action was commenced and served within the required six-month period.
The court’s words
the requirements of CPLR 205(a) have been satisfied
2026 NY Slip Op 05207, at the official text
the date of the order of dismissal was not the date the 2016 action terminated
2026 NY Slip Op 05207, at the official text
this action was timely commenced against the Town and the County
2026 NY Slip Op 05207, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05207 |
| Area of law | Civil Procedure |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05207 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 416 |
Recommended citation
ESQ HQ, New York Law Watch, Suffolk County Pub. Admr. v Davin’s Funeral Home, Inc., 2026 NY Slip Op 05207 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05207/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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