Legal Opinion

Goldenberg v. Westchester County Health Care Corp.

New York Court of Appeals

Decided March 24, 2011PublishedCited by 48 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

On May 25, 2007, plaintiff Arthur Goldenberg commenced a special proceeding to file a late notice of claim for medical malpractice against defendant Westchester County Health Care Corporation (WCHCC). Goldenberg attached a copy of a proposed complaint to the petition as an exhibit. On September 25, 2007, Supreme Court granted the petition and directed Goldenberg to serve a notice of claim within 20 days.

On October 9, 2007, Goldenberg served WCHCC with a notice of claim as well as a summons and complaint, both without an index number. On October 11, 2007, Goldenberg…

2Cases cited6 opinions

  1. Fry v. Village of TarrytownNew York Court of Appeals · 1997
  2. Gershel v. PorrNew York Court of Appeals · 1996
  3. Giblin v. Nassau County Medical CenterNew York Court of Appeals · 1984
  4. Harris v. Niagara Falls Board of EducationNew York Court of Appeals · 2006
  5. Mendon Ponds Neighborhood Association v. DehmNew York Court of Appeals · 2002

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3Cited by48 opinions

  1. GMAC Mtge., LLC v. CoombsAppellate Division of the Supreme Court of the State of New York · 2020
  2. Grskovic v. HolmesAppellate Division of the Supreme Court of the State of New York · 2013
  3. O'Brien v. ContrerasAppellate Division of the Supreme Court of the State of New York · 2015
  4. Merrill Lynch Credit Corp. v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
  5. Baltzer v. Westchester Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2022

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