Legal Opinion
Miraglia v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 2002PublishedCited by 6 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Nassau County (Cozzens, J.), dated June 27, 2001, which denied their motion pursuant to CPLR 3012 (b) to dismiss the action on the ground that the plaintiff failed to timely serve the complaint.
Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the action is dismissed.
The Supreme Court improvidently exercised its discretion in denying the defendants’ motion pursuant to CPLR 3012 (b) to dismiss the action on the…
2Cases cited4 opinions
- Tolliver v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1996
- Elbaz v. LiebAppellate Division of the Supreme Court of the State of New York · 2000
- Goldstein v. LoprestiAppellate Division of the Supreme Court of the State of New York · 2001
- Weiss v. KahanAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- Leibowitz v. GlickmanAppellate Division of the Supreme Court of the State of New York · 2008
- Grace v. FolliniAppellate Division of the Supreme Court of the State of New York · 2011
- Gagnon v. J.S. International Shipping Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Rock v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Mazzola v. Village Hous. Assoc., LLCAppellate Division of the Supreme Court of the State of New York · 2018
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