Legal Opinion
Cirigliano v. DePerio
New York Supreme Court
Decided April 1, 1987PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Henry G. Gossel, J.
This is a motion in a medical malpractice action made by the defendants, Schwartz and Millard Fillmore Hospital, seeking a dismissal on the merits of the action pursuant to CPLR 3012-a on the grounds that a certificate of merit did not *1066accompany the service of the complaint as is required by said section.
A summons with notice was served on defendant Schwartz on December 20, 1986 and, in response to a notice of retainer and demand for complaint served on January 7, 1987, the complaint was received by the movant on January 29, 1987. Defendant Millard…
2Cases cited3 opinions
- Stark v. Marine Power & Light Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Lindo v. EvansAppellate Division of the Supreme Court of the State of New York · 1983
- Steinberg v. Brookdale Hospital Medical CenterNew York Supreme Court · 1986
3Cited by4 opinions
- Santangelo v. RaskinAppellate Division of the Supreme Court of the State of New York · 1988
- Sullivan v. H.I.P. Hospital, Inc.New York Supreme Court · 1988
- Sisario v. Amsterdam Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1989
- Hannah v. McLaughlinNew York Supreme Court · 1987