Study Aids
Case Briefs Overview
Casebooks
Case Briefs
T

Tamburo v. P&C Food Markets

36 A.D.2d 1017, 321 N.Y.S.2d 487 (1971)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Tamburo v. P&C Food Markets

New York Supreme Court, Appellate Division
36 A.D.2d 1017, 321 N.Y.S.2d 487 (1971)

Facts

Carmela Tamburo (plaintiff) allegedly was injured while on the premises of P&C Food Markets, Inc. (P&C) (defendant). On April 29, 1969, the last day before the expiration of the statute of limitations for a negligence claim, Tamburo delivered a summons to the county sheriff for the sheriff to serve on P&C. However, the caption on the summons did not identify the court and county in which Tamburo was bringing suit, as required by Civil Practice Law and Rules (CPLR) § 2101. The sheriff served the summons on P&C on April 29. P&C did not enter an appearance in response to the summons. On June 19, Tamburo delivered a supplemental summons to the sheriff for service on P&C, which the sheriff served on P&C the next day. The supplemental summons specified the court and county. In its answer to the complaint, P&C raised the statute of limitations as an affirmative defense; P&C subsequently moved to dismiss the complaint pursuant to CPLR § 3211 based on the statute of limitations. Tamburo opposed the motion and cross-moved for an order to amend the caption nunc pro tunc as of April 29 to include the court name and county. The supreme court denied P&C’s motion and granted Tamburo’s motion. P&C appealed.

Rule of Law

Issue

Holding and Reasoning ()

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 830,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 830,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 830,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Litigation

Key Terms

Related Videos