Legal Opinion
Dorgan v. Dunda
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 1990PublishedCited by 5 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court (Tait, Jr., J.), entered September 22, 1989 in Madison County, which, inter alia, denied the motion of defendants James G. Dunda and George Dutkewych to dismiss the action against them for failure to serve a complaint.
Supreme Court properly denied the motion to dismiss the action due to plaintiffs’ failure to timely serve the complaint. Plaintiffs have offered both a satisfactory excuse for the delay and an adequate affidavit of merit (cf., Dattoria v Dattoria, 161 AD2d 1009). An affidavit by the physician for plaintiffs’ counsel detailed the health…
2Cases cited3 opinions
- Dattoria v. DattoriaAppellate Division of the Supreme Court of the State of New York · 1990
- Bayer v. Domino Media, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Daponte v. WeberAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Adams v. AgrawalAppellate Division of the Supreme Court of the State of New York · 1992
- Horn v. BoyleAppellate Division of the Supreme Court of the State of New York · 1999
- Gibson v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Calcagno v. Orthopedic Associates of Dutchess County, PCAppellate Division of the Supreme Court of the State of New York · 2017
- Calcagno v. Orthopedic Associates of Dutchess County, PCAppellate Division of the Supreme Court of the State of New York · 2017