Legal Opinion

Salch v. Paratore

New York Court of Appeals

Decided November 3, 1983PublishedCited by 68 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified to reverse the dismissal of the complaint against defendant Louis Paratore and as to him to remit to the Appellate Division to consider the matter in the exercise of the discretion granted by CPLR 2005 and, as so modified, the order should be affirmed.

With respect to the medical malpractice defendants, Vassar Brothers Hospital and Dr. Isidro Ferrando, plaintiff’s failure to file an affidavit of merits mandates affirmance of the Appellate Division’s dismissal for failure timely to serve and file a note of…

2Cases cited6 opinions

  1. Barasch v. MicucciNew York Court of Appeals · 1980
  2. Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
  3. Bethlehem Steel Corp. v. SolowNew York Court of Appeals · 1980
  4. Amodeo v. RadlerNew York Court of Appeals · 1983
  5. Miskiewicz v. Hartley Restaurant Corp.New York Court of Appeals · 1983

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3Cited by68 opinions

  1. Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
  2. Amsler v. VerrilliAppellate Division of the Supreme Court of the State of New York · 1986
  3. Cohen v. SeletskyAppellate Division of the Supreme Court of the State of New York · 1988
  4. Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  5. Oversby v. Linde Division of Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 1986

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