Legal Opinion
Goldenberg v. Westchester County Health Care Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2009PublishedCited by 5 opinions
1Opinion of the Court
The plaintiff served the summons and complaint upon the defendants in this malpractice action without ever filing them or obtaining an index number and paying the filing fee for the action. Accordingly, the action was never validly commenced (see CPLR 304). Following the expiration of the applicable statute of limitations, the defendants moved to dismiss the complaint as time-barred, and the plaintiff cross-moved, inter alia, for leave to file the summons and complaint nunc pro tunc. The Supreme Court correctly granted the defendants’ motion and denied the plaintiffs’ cross motion.
Contrary to…
2Cases cited9 opinions
- Gershel v. PorrNew York Court of Appeals · 1996
- Harris v. Niagara Falls Board of EducationNew York Court of Appeals · 2006
- Miller v. WatersAppellate Division of the Supreme Court of the State of New York · 2008
- Sangiacomo v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 2003
- Louden v. Rockefeller Center North, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Goldenberg v. Westchester County Health Care Corp.New York Court of Appeals · 2011
- MacLeod v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2010
- Reyes-Peralta v. NgernakNew York Supreme Court · 2010
- Deutsche Bank Trust Co. Ams. v. DiGioiaAppellate Division of the Supreme Court of the State of New York · 2024
- McCord v. GhazalNew York Supreme Court · 2014