Legal Opinion
Daponte v. Weber
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1987PublishedCited by 4 opinions
1Opinion of the Court
— In a medical malpractice action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated August 26, 1986, which denied his motion pursuant to CPLR 3012 to dismiss the action by reason of the plaintiffs’ failure to comply with the defendant’s demand for a complaint.
Ordered that the order is reversed, on the law, with costs, the defendant’s motion is granted, and the action is dismissed.
The plaintiffs were required to provide an affidavit of merit by a person competent to attest to the meritorious nature of the…
2Cases cited7 opinions
- Fiore v. GalangNew York Court of Appeals · 1985
- Amsler v. VerrilliAppellate Division of the Supreme Court of the State of New York · 1986
- Canter v. MulnickNew York Court of Appeals · 1983
- Amodeo v. RadlerNew York Court of Appeals · 1983
- Amodeo v. RadlerAppellate Division of the Supreme Court of the State of New York · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Horn v. BoyleAppellate Division of the Supreme Court of the State of New York · 1999
- Gibson v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Smith v. MastersonDistrict Court, S.D. New York · 2008
- Dorgan v. DundaAppellate Division of the Supreme Court of the State of New York · 1990