Legal Opinion

Hommell v. Albany Medical Center Hospital, Inc.

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

Decided November 3, 1994PublishedCited by 6 opinions

1Opinion of the CourtCasey, J.

Appeal from an order of the Supreme Court (Harris, J.), entered January 11, 1994 in Albany County, which denied a motion by defendant Saratoga Hospital, Inc. to dismiss for failure to serve a complaint.

After this medical malpractice action was commenced against defendant Saratoga Hospital, Inc. (hereinafter defendant), defendant served a notice of appearance and demand for a complaint on October 18, 1993. On November 12, 1993, plaintiffs’ counsel made a written request for an extension of time to file a complaint. Defendant did not respond to this request but instead, on December 6, 1993,…

2Cases cited2 opinions

  1. Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
  2. Lehigh Valley Railroad v. North American Van Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1966

3Cited by6 opinions

  1. Amodeo v. Gellert & Quartararo, P.C.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Mills v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Imperiale v. PreziosoNew York Supreme Court · 2004
  4. Porter v. BeaulieuAppellate Division of the Supreme Court of the State of New York · 2001
  5. Stout v. HeyerAppellate Division of the Supreme Court of the State of New York · 2007

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