Brice v. Westchester Community Health Plan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries predicated upon medical malpractice and breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Marbach, J.), dated June 21, 1985, which granted the motion of the defendant Westchester Community Health Plan to dismiss the action as against it for failure to timely serve a complaint pursuant to CPLR 3012 (b).
Ordered that the order is affirmed, with costs.
A party opposing a motion pursuant to CPLR 3012 (b) to dismiss an action based upon law office failure is obligated to *171submit an affidavit from a…
2Cases cited10 opinions
- Fiore v. GalangNew York Court of Appeals · 1985
- Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
- Salch v. ParatoreNew York Court of Appeals · 1983
- Stolowitz v. Mount Sinai HospitalNew York Court of Appeals · 1983
- Bethlehem Steel Corp. v. SolowNew York Court of Appeals · 1980
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3Cited by8 opinions
- Kordasiewicz v. BCC Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Culley v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1998
- Sabatino v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1992
- Perez v. Long Island Jewish-Hillside Medical CenterAppellate Division of the Supreme Court of the State of New York · 1991
- Telian v. FreundAppellate Division of the Supreme Court of the State of New York · 2015
3 more not listed; retrieve them via the Exa API.