Wade v. Byung Yang Kim
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, P. J.
The question to be answered on this appeal is whether the defense of improper service raised by the defendant Joannes Hendrick Morsch is deemed waived due to his failure to timely move to dismiss the complaint based on this defense pursuant to CPLR 3211 (e). In our view, this question must be answered in the affirmative.
The plaintiffs commenced an action in 1994, under index No. 2974/94 (hereinafter the first action), to recover damages for medical malpractice allegedly committed by the defendants, including Morsch, in 1992. An answer was interposed by Morsch…
2Cases cited10 opinions
- Simonson v. International BankNew York Court of Appeals · 1964
- Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
- Phoenix Garden Restaurant, Inc. v. ChuAppellate Division of the Supreme Court of the State of New York · 1997
- Asman v. AmbachNew York Court of Appeals · 1985
- Auger v. StateAppellate Division of the Supreme Court of the State of New York · 1997
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Nelson v. HSBC Bank USAAppellate Division of the Supreme Court of the State of New York · 2011
- GMAC Mtge., LLC v. CoombsAppellate Division of the Supreme Court of the State of New York · 2020
- People v. SorbelloAppellate Division of the Supreme Court of the State of New York · 2001
- B.N. Realty Associates v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 2005
- Reyes v. AlbertsonAppellate Division of the Supreme Court of the State of New York · 2009
10 more not listed; retrieve them via the Exa API.