Legal Opinion
La Buda v. Brookhaven Memorial Hospital Medical Center
New York Court of Appeals
Decided July 2, 1984PublishedCited by 33 opinions
APPEARANCES OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as it pertains to Abraham Cohen, Eric Kane, and Leon Finkelstein, and Cohen, Kane & Finkelstein, should be affirmed, with costs. It was not an abuse of discretion as a matter of law to dismiss the complaint. Plaintiff failed to submit an affidavit of merit in opposition to defendants’ motion for summary judgment {Erwin Pearl, Inc. v Burroughs Corp., 62 NY2d 1031; Smith vLefrak Organization, 60 NY2d 828). It is therefore unnecessary to consider the question of the application of CPLR 2005 (L 1983, ch 318) {Smith v…
2Cases cited2 opinions
- Smith v. Lefrak Organization, Inc.New York Court of Appeals · 1983
- Erwin Pearl, Inc. v. Burroughs Corp.New York Court of Appeals · 1984
3Cited by33 opinions
- Tewari v. TsoutsourasNew York Court of Appeals · 1989
- Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Montalvo v. Nel Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Kolb v. StroghAppellate Division of the Supreme Court of the State of New York · 1990
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