Harris v. Stein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a medical malpractice action, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Jiudice, J.), entered December 22, 1992, which granted the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint.
Ordered that the order is affirmed, with costs.
We find unpersuasive the plaintiff’s contention that the Supreme Court erred in determining that her medical malpractice action was barred by the entry of a default judgment against her in a prior action by the defendant to collect fees for his services. It is well settled that an adverse determination in an…
2Cases cited11 opinions
- Orellano v. Samples Tire Equipment & Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Blair v. . BartlettNew York Court of Appeals · 1878
- Gates v. . PrestonNew York Court of Appeals · 1869
- Chisholm-Ryder Co. v. Sommer & SommerAppellate Division of the Supreme Court of the State of New York · 1980
- Altamore v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1993
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