Legal Opinion

Di Simone v. Good Samaritan Hospital

New York Court of Appeals

Decided October 30, 2003PublishedCited by 44 opinions

1Opinion of the Court

*633OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated.

Plaintiff commenced this wrongful death action alleging medical malpractice in 1995. During the course of discovery, plaintiff’s attorney became the subject of disciplinary proceedings and was ultimately disbarred in June 1998. His law firm took over the action, but plaintiff’s case languished. In April and November 1999, respectively, defendant Good Samaritan and defendant Manes served plaintiff with a 90-day notice to resume prosecution pursuant to…

2Cases cited4 opinions

  1. Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
  2. Mosberg v. ElahiNew York Court of Appeals · 1992
  3. Carte v. SegallAppellate Division of the Supreme Court of the State of New York · 1987
  4. Velasquez v. NewellAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by44 opinions

  1. Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
  2. Moore v. DayAppellate Division of the Supreme Court of the State of New York · 2008
  3. Jacobson v. McNeil Consumer & Specialty PharmaceuticalsAppellate Division of the Supreme Court of the State of New York · 2009
  4. Kadyimov v. MackinnonAppellate Division of the Supreme Court of the State of New York · 2011
  5. Zito v. JastremskiAppellate Division of the Supreme Court of the State of New York · 2006

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