Connor v. Deas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated June 3, 1997, which denied her motion for judgment in her favor upon the defendant’s failure to appear or answer, and granted the defendant’s cross motion to dismiss the action.
*288Ordered that the order is affirmed, with costs.
The Supreme Court properly concluded that the dismissal of the plaintiffs action for failure to timely file proof of service pursuant to CPLR former 306-b (a) was automatic and self-executing (see, Dolson…
2Cases cited5 opinions
- Floyd v. Salamon Bros.Appellate Division of the Supreme Court of the State of New York · 1998
- Long v. QuinnAppellate Division of the Supreme Court of the State of New York · 1996
- Brackett v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1996
- Kelly v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1998
- Dolson v. DiPietroAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by13 opinions
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- Bloomer v. AltmanAppellate Division of the Supreme Court of the State of New York · 1999
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- Goshen Shopping Associates v. Assessor(s) of the Town of GoshenAppellate Division of the Supreme Court of the State of New York · 1999
- Ulster Heights Property, Inc. v. Assessor of OrangetownAppellate Division of the Supreme Court of the State of New York · 1999
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