Sabatino v. Albany Medical Center Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from *778an order of the Supreme Court (Keniry, J.), entered October 16, 1991 in Rensselaer County, which, inter alia, granted a motion by certain defendants to dismiss the action for failure to timely serve a complaint.
To withstand the motion to dismiss for failing to serve a complaint in this medical malpractice action, plaintiff was required to tender both a reasonable excuse for the delay and a sworn affidavit of merit (see, DeSiena v Maimonides Hosp. Ctr., 163 AD2d 351). On the question of delay, plaintiff claimed that she had been unable to obtain legal representation. Plaintiff,…
2Cases cited9 opinions
- Mosberg v. ElahiNew York Court of Appeals · 1992
- Dick v. Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1985
- Brice v. Westchester Community Health PlanAppellate Division of the Supreme Court of the State of New York · 1988
- Ward v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1988
- Mosberg v. ElahiAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by8 opinions
- Duffen v. StateAppellate Division of the Supreme Court of the State of New York · 1997
- Hoger v. ThomannAppellate Division of the Supreme Court of the State of New York · 1993
- Redding v. SaundersAppellate Division of the Supreme Court of the State of New York · 1995
- Jacobs v. NewtonCivil Court of the City of New York · 2003
- Marcello v. FlecherAppellate Division of the Supreme Court of the State of New York · 2017
3 more not listed; retrieve them via the Exa API.