Grant v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), entered March 24, 2005, which granted the defendants’ motion to dismiss the complaint for failure to comply with CPLR 3012-a and 3406 (a).
Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, and the complaint is reinstated.
The court was without the authority to dismiss this action based solely on the plaintiff’s failure to comply with CPLR 3012-a and 3406 (a) (see Tewari v Tsoutsouras, 75 NY2d 1, 10…
2Cases cited8 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Tewari v. TsoutsourasNew York Court of Appeals · 1989
- Delgado v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Rice v. VandenebosscheAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by8 opinions
- Dergousova v. LongAppellate Division of the Supreme Court of the State of New York · 2007
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- Arroyo v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2013
- Arroyo v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2013
- In re the City of New YorkNew York Supreme Court · 2008
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