Legal Opinion
Reyes-Peralta v. Ngernak
New York Supreme Court
Decided October 22, 2010PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Daniel Palmieri, J.
The motion by the defendants pursuant to CPLR 3211 (a) (2), (5) and (10) to dismiss the complaint based upon plaintiffs failure to timely file a summons with notice or summons and complaint (motion sequence No. 005) is granted pursuant to CPLR 3211 (a) (2) and (5).
The motion by the defendants pursuant to CPLR 3126 or, in the alternative, Insurance Law article 51, for an order dismissing the complaint (motion sequence No. 004) is granted pursuant to CPLR 3126 for the plaintiffs failure to appear for an independent medical examination, in violation of this…
2Cases cited9 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Harris v. Niagara Falls Board of EducationNew York Court of Appeals · 2006
- Mendon Ponds Neighborhood Association v. DehmNew York Court of Appeals · 2002
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McCord v. GhazalNew York Supreme Court · 2014