Legal Opinion

Tolliver v. County of Nassau

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

Decided September 30, 1996PublishedCited by 8 opinions

1Opinion of the Court

In a medical malpractice action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Kutner, J.), entered May 23, 1995, which denied their motion to relieve them of their default in complying with a conditional order of preclusion and granted the motion of the defendant Elliot Duboys for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

In order to be relieved of their default, the plaintiffs were required to demonstrate both a reasonable excuse and a…

2Cases cited4 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Fiore v. GalangNew York Court of Appeals · 1985
  3. Murdock v. Center for Special SurgeryAppellate Division of the Supreme Court of the State of New York · 1993
  4. Felicciardi v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by8 opinions

  1. Gourdet v. HershfeldAppellate Division of the Supreme Court of the State of New York · 2000
  2. Palo v. LattAppellate Division of the Supreme Court of the State of New York · 2000
  3. Smith v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  4. Koski v. Ryder TruckAppellate Division of the Supreme Court of the State of New York · 1997
  5. Miraglia v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2002

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