Legal Opinion
Hannah v. McLaughlin
New York Supreme Court
Decided October 1, 1987PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Raymond E. Cornelius, J.
Based upon reasons, hereinafter set forth in detail, the court holds that service of a complaint in a medical or dental malpractice action, unaccompanied by a certificate of merit as required under CPLR 3012-a, constitutes a jurisdictional defect, and renders the action subject to dismissal pursuant to CPLR 3211 (a) (2).
On or about December 9, 1986, the plaintiff commenced an *278action against the defendant by service of a summons and complaint, which sought damages for alleged negligent dental treatment. Plaintiff alleged that he sustained injuries,…
2Cases cited4 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Steinberg v. Brookdale Hospital Medical CenterNew York Supreme Court · 1986
- Cohen v. TzimasNew York Supreme Court · 1987
- Cirigliano v. DePerioNew York Supreme Court · 1987
3Cited by4 opinions
- Santangelo v. RaskinAppellate Division of the Supreme Court of the State of New York · 1988
- Michael Quinlan, of the Estate of Lincy Sullivan v. Five-Town Health Alliance, Inc., dba Mountain Health Center and Sean May, PA-CSupreme Court of Vermont · 2018
- Prince v. StateAppellate Division of the Supreme Court of the State of New York · 1989
- Sullivan v. H.I.P. Hospital, Inc.New York Supreme Court · 1988