Legal Opinion
Gibbs v. St. Barnabas Hospital
New York Court of Appeals
Decided December 16, 2010No. 224PublishedCited by 176 opinions
1Opinion of the Court
*77OPINION OF THE COURT
Graffeo, J.
In this medical malpractice action, plaintiff failed to serve a supplemental bill of particulars before the deadline set by a conditional order of preclusion. Consistent with our precedent, we conclude that the trial court erred as a matter of law in excusing the default without requiring plaintiff to establish both a reasonable excuse for his noncompliance and a meritorious cause of action.
In June 2005, plaintiff Marvin Gibbs commenced this medical malpractice action against a number of defendants, including Dr. Fausto Vinces. The claim arose out of treatment…
2Cases cited14 opinions
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3Cited by176 opinions
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- Almonte v. PichardoAppellate Division of the Supreme Court of the State of New York · 2013
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