Legal Opinion
Nelson v. Eastman Dental Center
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 1981No. Appeal No. 1PublishedCited by 9 opinions
1Opinion of the Court
Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Defendants appeal from an order denying their motion to dismiss plaintiff’s complaint for want of prosecution (CPLR 3216). The complaint alleges dental malpractice which is said to have occurred between February 22,1977 and March 7,1977. Plaintiff retained counsel on the latter date and the action was commenced by service of a bare summons on the respective defendants in October and November, 1978. From its inception, the pursuit of this action has been marked by delay. Defendants filed a timely…
2Cases cited5 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Rabetoy v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 1975
- Rabetoy v. AtkinsonNew York Court of Appeals · 1975
- Brothers v. WallAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by9 opinions
- Hammer v. HochbergAppellate Division of the Supreme Court of the State of New York · 1987
- Courell v. KurznerAppellate Division of the Supreme Court of the State of New York · 1986
- Franck v. CNY Anesthesia GroupAppellate Division of the Supreme Court of the State of New York · 1991
- Berna v. Monroe Community CollegeAppellate Division of the Supreme Court of the State of New York · 1983
- Corrado v. BendellAppellate Division of the Supreme Court of the State of New York · 1983
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