Legal Opinion
Yule v. Comerford
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1988PublishedCited by 5 opinions
1Opinion of the Court
Memorandum: Defendants moved to dismiss the complaint alleging medical malpractice because of plaintiff’s failure to comply with their CPLR 3216 demand to file a note of issue. In response to the motion, plaintiff failed to submit an affidavit of merit. The court granted the motion conditionally, giving plaintiff an additional 90 days to comply with the demand, and stating that it would not insist upon an affidavit of merit because plaintiff was representing herself in the action. This was error.
"[I]n defending a proper motion to dismiss for neglect it is essential that plaintiff supply an…
2Cases cited1 opinion
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
3Cited by5 opinions
- Redding v. SaundersAppellate Division of the Supreme Court of the State of New York · 1995
- Scott v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1995
- Lama v. MohammadAppellate Terms of the Supreme Court of New York · 2010
- Schneider v. Cookson America, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Umeze v. Fidelis Care New YorkAppellate Division of the Supreme Court of the State of New York · 2010