Legal Opinion
Ballav v. Deepdale General Hospital
Appellate Division of the Supreme Court of the State of New York
Decided August 9, 1993PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendants Samuel Movsas and Philip Gelber appeal from so much of an order of the Supreme Court, Queens County (Di Tucci, J.), dated January 7, 1991, as, after a hearing, permitted the plaintiff to commence a new action against the aforesaid defendants pursuant to CPLR 205 (a).
Ordered that the order is affirmed insofar as appealed from, with costs.
The original action was timely commenced for the purposes of CPLR 205 (a), despite the fact that when the summons was filed pursuant to CPLR 203 (b) (5), the plaintiff had not yet been…
2Cases cited3 opinions
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- Feeney v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1985
- Moskowitz v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by4 opinions
- Reliance Insurance Company v. Polyvision CorporationCourt of Appeals for the Second Circuit · 2007
- Krainski v. SullivanAppellate Division of the Supreme Court of the State of New York · 1994
- Egan v. NeghaviAppellate Division of the Supreme Court of the State of New York · 2011
- Reliance Insurance v. Polyvision Corp.Court of Appeals for the Second Circuit · 2007