Legal Opinion
Elbaz v. Lieb
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 2000PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for dental malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Levine, J.), dated June 21, 1999, which denied their motion pursuant to CPLR 3012 (b) to dismiss the action on the ground that the plaintiff failed to timely serve a complaint.
Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the action is dismissed.
The Supreme Court improvidently exercised its discretion in denying the defendants’ motion pursuant to CPLR 3012 (b) to dismiss the action on the ground that the…
2Cases cited6 opinions
- Bravo v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- Culley v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1998
- Gibson v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Snyder v. BlinderAppellate Division of the Supreme Court of the State of New York · 1996
- Weiss v. KahanAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by4 opinions
- Henig v. Good Samaritan Medical CenterAppellate Division of the Supreme Court of the State of New York · 2003
- Miraglia v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2002
- Goldstein v. LoprestiAppellate Division of the Supreme Court of the State of New York · 2001
- Bivens v. StearnAppellate Division of the Supreme Court of the State of New York · 2019