Legal Opinion
Mulligan v. New York Cornell Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 2003PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 7, 2002, which dismissed the complaint due to plaintiff’s failure to proceed with jury selection, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the complaint reinstated.
Since the order of the IAS court was not predicated upon a motion on notice, it is not appealable as of right (CPLR 5701 [a] [2]). In the interest of justice, however, we deem the notice of appeal to be an application for leave to appeal to this Court, and, as such, grant leave for a determination on…
2Cases cited3 opinions
- Goichberg v. SotudehAppellate Division of the Supreme Court of the State of New York · 1992
- Capati v. Crunch Fitness International, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Tutuianu v. State of New York Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by8 opinions
- Serradilla v. Lords Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Breen v. Laric Entertainment Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Matter of Gliklad v. DeripaskaAppellate Division of the Supreme Court of the State of New York · 2020
- 11 Essex St. Corp. v. Tower Ins. Co. of N.Y.Appellate Division of the Supreme Court of the State of New York · 2017
- Gjeka v. Iron Horse Transp., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
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