Legal Opinion
Cuffie v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 1999PublishedCited by 7 opinions
1Opinion of the Court
—In *424an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals from an order of the Supreme Court, Kings County (Levine, J.), dated February 2, 1998, which, upon the defendant’s oral application, dismissed the complaint for failure to timely serve a notice of claim.
Ordered that the appeal is dismissed, without costs or disbursements.
The order appealed from did not decide a motion made on notice and is therefore not appealable as of right (see, CPLR 5701 [a] [2]; Aievoli v Aievoli, 249 AD2d 253; Sherwood v Roper, 237 AD2d 275). No application has…
2Cases cited3 opinions
- Sherwood v. RoperAppellate Division of the Supreme Court of the State of New York · 1997
- Hartman v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
- Aievoli v. AievoliAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by7 opinions
- HSBC Mortgage Services, Inc. v. JamesAppellate Division of the Supreme Court of the State of New York · 2011
- Independence Construction Corp. v. AMOCO Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Ogilvie v. McDonalds Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Rabinovich v. ShevchenkoAppellate Division of the Supreme Court of the State of New York · 2009
- Robinson v. StateAppellate Division of the Supreme Court of the State of New York · 2001
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