Legal Opinion

Paradiso v. St. John's Episcopal Hospital

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 2015No. 2015-02562PublishedCited by 5 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), entered December 15, 2014, which granted the defendant’s motion pursuant to CPLR 3404 to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion pursuant to CPLR 3404 to dismiss the complaint is denied.

The note of issue was vacated on April 29, 2013, and the plaintiff was not thereafter served with a 90-day demand pursuant to CPLR 3216. In June 2014, the defendant moved pursuant to…

2Cases cited4 opinions

  1. Mitskevitch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  2. Dokaj v. Ruxton Tower Limited PartnershipAppellate Division of the Supreme Court of the State of New York · 2008
  3. Suburban Restoration Co. v. ViglottiAppellate Division of the Supreme Court of the State of New York · 2008
  4. Melendez v. Plato General ContractorAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by5 opinions

  1. Ortiz v. Wakefern Food Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  2. Korsinsky & Klein, LLP v. FHS Consultants, LLCAppellate Division of the Supreme Court of the State of New York · 2023
  3. Liew v. Jeffrey Samel & PartnersAppellate Division of the Supreme Court of the State of New York · 2017
  4. U.S. Bank N.A. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2020
  5. Winchcombe v. Ridgeline Constr. Corp.Appellate Division of the Supreme Court of the State of New York · 2026

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