Legal Opinion
Feinerman v. Kaplan
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2002PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for wrongful death and conscious pain and suffering, the defendants appeal from an order of the Supreme Court, Nassau County (Brandveen, J.), entered February 15, 2001, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court properly addressed the merits of the defendants’ motion for summary judgment, notwithstanding that it was made more than 120 days after the filing of the note, of issue (see, CPLR 3212 [a];…
2Cases cited9 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Gonzalez v. 98 Mag Leasing Corp.New York Court of Appeals · 2000
- LaTorre v. Genesee Management, Inc.New York Court of Appeals · 1997
- DiCarlo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Gordon v. HarrisAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by3 opinions
- Rivers v. MurrayAppellate Division of the Supreme Court of the State of New York · 2006
- Fertitta v. PaganoAppellate Division of the Supreme Court of the State of New York · 2002
- Fertitta v. PaganoAppellate Division of the Supreme Court of the State of New York · 2002