Legal Opinion
Mosberg v. Elahi
New York Court of Appeals
Decided October 15, 1992PublishedCited by 72 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The party opposing a motion to dismiss for failure to prosecute is obligated to make an evidentiary showing sufficiently demonstrating a "good and meritorious cause of action” (CPLR 3216 [e]; see, Kel Mgt. Corp. v Rogers & Wells, 64 NY2d 904, 905). In medical malpractice actions expert medical opinion evidence is required to demonstrate merit, except as to matters within the ordinary experience and knowledge of laypersons (Fiore v Galang, 64 NY2d 999). We agree with the Appellate Division that…
2Cases cited2 opinions
- Fiore v. GalangNew York Court of Appeals · 1985
- Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
3Cited by72 opinions
- Di Simone v. Good Samaritan HospitalNew York Court of Appeals · 2003
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Perez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Picot v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Murray v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008
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