Legal Opinion
Sanchez v. Serje
Appellate Division of the Supreme Court of the State of New York
Decided April 18, 2005PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Kings County (Patterson, J.), dated March 11, 2004, which granted the defendant’s motion pursuant to CPLR 3216 (b) to dismiss the complaint.
*563Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court granted the defendant’s motion pursuant to CPLR 3216 (b) to dismiss the complaint based upon the plaintiffs’ failure to comply with a 90-day demand to file a note of…
2Cases cited8 opinions
- Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
- Bokhari v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Mckinney v. CorbyAppellate Division of the Supreme Court of the State of New York · 2002
- Simmons v. McSimmons, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Micalizzi v. GomesAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by2 opinions
- Billingy v. BlagroveAppellate Division of the Supreme Court of the State of New York · 2011
- Eastgate Corporate Park, LLC v. AssessorAppellate Division of the Supreme Court of the State of New York · 2008