Legal Opinion

Rowell v. Joyce

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

Decided September 7, 2004PublishedCited by 19 opinions

1Opinion of the Court

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated October 27, 2003, which granted the defendants’ oral applications to dismiss the complaint pursuant to CPLR 3126 (3).

Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and…

2Cases cited3 opinions

  1. Frias v. FortiniAppellate Division of the Supreme Court of the State of New York · 1997
  2. Beneficial Mortgage Corp. v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2004
  3. Conch Associates, Inc. v. PMCC Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by19 opinions

  1. McArthur v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  2. Sowerby v. CamardaAppellate Division of the Supreme Court of the State of New York · 2005
  3. Workman v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2010
  4. Brown v. Astoria Federal SavingsAppellate Division of the Supreme Court of the State of New York · 2008
  5. Morgenstern v. Jeffsam Corp.Appellate Division of the Supreme Court of the State of New York · 2010

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