Legal Opinion
Goldstein v. Niagara Falls Memorial Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1988PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Petitioner conceded during oral argument that respondent Dyster was not served with the notice of petition and petition within the four-month Statute of Limitations (CPLR 217). Accordingly, we affirm that part of the order dismissing the petition against Dyster.
Special Term erred, however, by dismissing the petition against respondent Medical Center upon the ground that the statutory period commenced running on September 23, 1986, when petitioner’s counsel received…
2Cases cited7 opinions
- Edmead v. McGuireNew York Court of Appeals · 1986
- Bianca v. FrankNew York Court of Appeals · 1977
- Kaufman v. AnkerAppellate Division of the Supreme Court of the State of New York · 1978
- Kordal v. NiesleyNew York Supreme Court · 1971
- Hammer v. Suffolk County Department of LaborAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by3 opinions
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