Legal Opinion
Simon v. Usher
New York Court of Appeals
Decided October 20, 2011No. 172PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
The question presented for our review is whether the five-day extension under CPLR 2103 (b) (2) applies to the 15-day time period prescribed by CPLR 511 (b) to move for change of venue when a defendant serves its demand for change of venue by mail. We hold that it does.
On July 17, 2009, plaintiffs Allen and Barbara Simon commenced this medical malpractice action against defendants in Supreme Court, Bronx County. Defendants Sol M. Usher, Sol M. Usher, M.D., P.C., Maxwell M. Chait, White Plains Hospital Center and Hartsdale Medical Group, P.C., (collectively, the…
2Cases cited2 opinions
- Kramer v. Phoenix Life InsuranceNew York Court of Appeals · 2010
- Sultana v. Nassau HospitalAppellate Division of the Supreme Court of the State of New York · 1992
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