Legal Opinion
Ladson v. Fessel
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 2011PublishedCited by 1 opinion
1Opinion of the Court
In an action to recover damages for podiatric malpractice, the plaintiff appeals, as limited by her brief, from so much of an amended order of the Supreme Court, Rockland County (Walsh II, J.), entered August 3, 2010, as granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (3).
Ordered that the amended order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs contention, in accordance with the terms of CPLR 3211 (e), the defendant did not waive the defense of the plaintiffs lack of capacity to sue (see CPLR 3211 [a] [3]). “The fact…
2Cases cited11 opinions
- Parker v. Wendy's International, Inc.Court of Appeals for the Eleventh Circuit · 2004
- Kane v. National Union Fire InsuranceCourt of Appeals for the Fifth Circuit · 2008
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
- Barrett v. Kasco Constr. Co., Inc.New York Court of Appeals · 1982
- Dampskibsselskabet Torm A/S v. P. L. Thomas Paper Co.Appellate Division of the Supreme Court of the State of New York · 1966
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3Cited by1 opinion
- Burbacki v. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLPAppellate Division of the Supreme Court of the State of New York · 2019