Legal Opinion
Ubriaco v. John T. Mather Memorial Hospital
Appellate Division of the Supreme Court of the State of New York
Decided November 7, 1994PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, etc., the defendant Alfred Ekstrom appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated September 2, 1993, which denied his motion to dismiss the complaint insofar as it is asserted against him pursuant to CPLR 3216, and imposed costs and sanctions upon him for making a frivolous motion.
Ordered that the order is affirmed, with costs.
Since the appellant failed to serve his own written demand to the plaintiffs under CPLR 3216 to resume prosecution of the action, the action could not have been dismissed against…
2Cases cited3 opinions
- Juracka v. FerraraAppellate Division of the Supreme Court of the State of New York · 1988
- Fichera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1980
- Seidman v. ShamesAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Reyes v. RossAppellate Division of the Supreme Court of the State of New York · 2001
- Giaimo v. Roller Derby Skate Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Walters v. Hoboken Wood Flooring Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Koehler v. Sei Young ChoiAppellate Division of the Supreme Court of the State of New York · 2008
- Cohen v. SilvermanAppellate Division of the Supreme Court of the State of New York · 2001