Legal Opinion

Sussman v. Franklin General Hospital

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

Decided July 7, 1980PublishedCited by 8 opinions

1Opinion of the Court

In a medical malpractice action, plaintiff, as executrix of the estate of Milton Suss-man, deceased, appeals from an order of the Supreme Court, Nassau County, entered October 12, 1979, which dismissed the complaint as to all defendants. Order affirmed, with one bill of $50 costs and disbursements payable jointly to defendants appearing separately and filing separate briefs. Defendants moved to dismiss the complaint pursuant to CPLR 3216, and in opposition thereto plaintiff submitted neither an adequate affidavit of merits nor a justifiable excuse for her failure to file a note of issue…

2Cases cited4 opinions

  1. Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
  2. Keating v. SmithAppellate Division of the Supreme Court of the State of New York · 1963
  3. Havens v. Best Way Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  4. Schaffer v. Route Messenger Service Inc.Appellate Division of the Supreme Court of the State of New York · 1978

3Cited by8 opinions

  1. Hargett v. Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1982
  2. Vernon v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1984
  3. Harris v. Brooklyn Hospital at the Brooklyn Cumberland Medical CenterAppellate Division of the Supreme Court of the State of New York · 1981
  4. Ferrigno v. St. Charles HospitalAppellate Division of the Supreme Court of the State of New York · 1982
  5. Berman v. Brunswick Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1983

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