Legal Opinion

Franck v. CNY Anesthesia Group

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1991PublishedCited by 7 opinions

1Opinion of the Court

— Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff failed to demonstrate an acceptable excuse for her failure to file a note of issue within the 90-day demand period or the existence of a meritorious cause of action, and the motion to dismiss her medical malpractice complaint should have been granted (see, CPLR 3216 [e]; Walker v Town of Lockport, 109 AD2d 1102, affd 65 NY2d 840; Young v Tompkins, 124 AD2d 1061; MacLeod v Nolte, 106 AD2d 860). Supreme Court erred in concluding that settlement negotiations with a codefendant…

2Cases cited11 opinions

  1. Lopez v. Precision Papers, Inc.New York Court of Appeals · 1986
  2. Fileccia v. Massapequa General HospitalNew York Court of Appeals · 1984
  3. Fileccia v. Massapequa General HospitalAppellate Division of the Supreme Court of the State of New York · 1984
  4. Walker v. Town of LockportNew York Court of Appeals · 1985
  5. Wind v. CachoAppellate Division of the Supreme Court of the State of New York · 1985

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3Cited by7 opinions

  1. Wilson v. NembhardtAppellate Division of the Supreme Court of the State of New York · 1992
  2. Adams v. AgrawalAppellate Division of the Supreme Court of the State of New York · 1992
  3. Prado v. Catholic Medical Center of Brooklyn & Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Brady v. MastrianniAppellate Division of the Supreme Court of the State of New York · 1992
  5. Shu Chaing Chan v. FendtAppellate Division of the Supreme Court of the State of New York · 1992

2 more not listed; retrieve them via the Exa API.

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