Legal Opinion
Chmielnik v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2000PublishedCited by 13 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, etc., the defendants separately appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered May 20, 1999, which granted the plaintiffs’ motion pursuant to CPLR 3012 (d) to compel them to accept an untimely complaint and denied their respective cross motions to dismiss the action insofar as asserted against them.
Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motions are granted, and the complaint is dismissed.
To avoid dismissal for failure to timely serve a complaint…
2Cases cited3 opinions
- Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
- Holton v. Sprain Brook Manor Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
- Gibson v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by13 opinions
- Balgley v. CammarataAppellate Division of the Supreme Court of the State of New York · 2002
- Kordasiewicz v. BCC Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Brenner v. Cross County Shopping CenterAppellate Division of the Supreme Court of the State of New York · 2003
- Giordano v. Vanchieri & PerrierAppellate Division of the Supreme Court of the State of New York · 2005
- Perez-Faringer v. HeilmanAppellate Division of the Supreme Court of the State of New York · 2010
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