Legal Opinion
Moskowitz v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1979PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Margett, J.
In a case of first impression, the question is whether an action is "commenced” upon the filing of the summons with the clerk of the court, pursuant to CPLR 203 (subd [b], par 5), where the plaintiff dies after such filing, but before timely *302service of the summons upon the defendants within the 60-day period contemplated by CPLR 203 (subd [b], par 5).
The original complaint seeks damages, inter alia, for personal injuries sustained by Sarah Moskowitz as a result of alleged medical malpractice which occurred on January 9, 1976. The two and one-half year period of…
2Cases cited3 opinions
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Arnold v. Mayal Realty Co.New York Court of Appeals · 1949
- Schram v. KeaneNew York Court of Appeals · 1938
3Cited by2 opinions
- Ballav v. Deepdale General HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Bromley v. CosmatosAppellate Division of the Supreme Court of the State of New York · 1980