Legal Opinion

Balgley v. Cammarata

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

Decided November 18, 2002PublishedCited by 12 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, Kings County (Cammer, J.), dated July 26, 2001, which granted the respective motions of the defendants Angelo Cammarata and John Kehoe, the defendant Sheldon Schechter, and the defendant Adrian Baranetsky, to dismiss the action pursuant to CPLR 3012 (b) for failure to timely serve a complaint.

Ordered that the order is affirmed, with costs.

“To avoid dismissal for failure to timely serve a complaint after a demand for the complaint has been made pursuant to CPLR 3012…

2Cases cited2 opinions

  1. Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
  2. Chmielnik v. RosenbergAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by12 opinions

  1. Carducci v. RussellAppellate Division of the Supreme Court of the State of New York · 2014
  2. Maldonado v. Suffolk CountyAppellate Division of the Supreme Court of the State of New York · 2005
  3. Giordano v. Vanchieri & PerrierAppellate Division of the Supreme Court of the State of New York · 2005
  4. Henig v. Good Samaritan Medical CenterAppellate Division of the Supreme Court of the State of New York · 2003
  5. Perez-Faringer v. HeilmanAppellate Division of the Supreme Court of the State of New York · 2010

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