Santangelo v. Raskin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lawrence, J.
On this appeal, we are asked for the first time to interpret part of the recently enacted legislation concerning medical malpractice actions. Specifically, at issue is the consequence of the plaintiffs’ failure to comply with CPLR 3012-a, which requires, in pertinent part, that a "certificate of merit” is to be annexed to the complaint served in a medical malpractice action. Under the circumstances herein, we find that in seeking to excuse their default in serving such a certificate, the plaintiffs should be required to show a reasonable excuse for their…
2Cases cited15 opinions
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Fiore v. GalangNew York Court of Appeals · 1985
- De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
- Stolowitz v. Mount Sinai HospitalNew York Court of Appeals · 1983
- Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
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3Cited by20 opinions
- Kolb v. StroghAppellate Division of the Supreme Court of the State of New York · 1990
- Michael Quinlan, of the Estate of Lincy Sullivan v. Five-Town Health Alliance, Inc., dba Mountain Health Center and Sean May, PA-CSupreme Court of Vermont · 2018
- Dye v. LeveAppellate Division of the Supreme Court of the State of New York · 1992
- Batten v. RetzAppellate Court of Illinois · 1989
- Prince v. StateAppellate Division of the Supreme Court of the State of New York · 1989
15 more not listed; retrieve them via the Exa API.