Legal Opinion

DEJOY, PATRICIA v. EHMANN, KEVIN M.

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

Decided February 14, 2014No. CA 13-01276PublishedCited by 2 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered September 20, 2012. The order, among other things, granted defendant’s motion to dismiss plaintiffs complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted defendant’s motion to dismiss the complaint based upon plaintiffs failure to file a summons and complaint within the statute of limitations. Contrary to plaintiffs contention, we conclude that such nonfiling may not be corrected or disregarded pursuant to CPLR 2001…

2Cases cited3 opinions

  1. Goldenberg v. Westchester County Health Care Corp.New York Court of Appeals · 2011
  2. De Maria v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
  3. Bradley v. St. Clare's HospitalAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Dealy-Doe-Eyes Maddux v. SchurAppellate Division of the Supreme Court of the State of New York · 2016
  2. C.L. v. County of OneidaNew York Supreme Court, Oneida County · 2024

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