Tewari v. Tsoutsouras
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
This appeal involves the newly enacted legislation concerning medical malpractice actions. Specifically, the issue before us is whether the plaintiff’s failure to timely file a notice of this medical malpractice action, pursuant to CPLR 3406 (a), was properly excused by the Supreme Court. Under the circumstances, we find that the Supreme Court improvidently exercised its discretion by granting the plaintiff’s request for leave to serve a late CPLR 3406 (a) notice. Consequently, the defendant’s motion to dismiss the complaint should be granted and the complaint dismissed.
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3Cases cited7 opinions
- A & J Concrete Corp. v. ArkerNew York Court of Appeals · 1981
- Carte v. SegallAppellate Division of the Supreme Court of the State of New York · 1987
- Quigley v. JabburAppellate Division of the Supreme Court of the State of New York · 1986
- Salzman & Salzman v. GardinerAppellate Division of the Supreme Court of the State of New York · 1984
- St. Agnes Hospital v. DenglerAppellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.
4Cited by12 opinions
- Tewari v. TsoutsourasNew York Court of Appeals · 1989
- Kolb v. StroghAppellate Division of the Supreme Court of the State of New York · 1990
- Marte v. Montefiore Medical CenterNew York Supreme Court · 1989
- Calderon v. Bronx Cross County Medical GroupNew York Supreme Court · 1990
- Kirschbaum v. Brookdale Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1989
7 more not listed; retrieve them via the Exa API.