Legal Opinion
Saeed v. Boulevard Hospital
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 1990PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated August 22, 1988, which granted the plaintiffs’ motion to restore their case to the Trial Calendar.
Ordered that the order is reversed, on the law, with costs, and the motion denied.
A motion to restore to the Trial Calendar a case which has been stricken by reason of a plaintiffs’ default must be supported by both an acceptable explanation of the default and an affidavit of merit (see, Wind v Cacho, 111 AD2d 808; see also, Zaldua v Metropolitan…
2Cases cited4 opinions
- Canter v. MulnickNew York Court of Appeals · 1983
- Wind v. CachoAppellate Division of the Supreme Court of the State of New York · 1985
- Zaldua v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1983
- Hatcher v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by4 opinions
- Murdock v. Center for Special SurgeryAppellate Division of the Supreme Court of the State of New York · 1993
- Barton v. Executive Health ExaminersAppellate Division of the Supreme Court of the State of New York · 2000
- Padula v. BucaloAppellate Division of the Supreme Court of the State of New York · 1995
- Wagner v. Saint Francis HospitalAppellate Division of the Supreme Court of the State of New York · 1997