Legal Opinion
Dye v. Leve
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1992PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In this cause of action for medical malpractice, Supreme *90Court properly denied defendant’s motion to dismiss based on plaintiff’s failure to serve a certificate of merit as required by CPLR 3012-a, and afforded plaintiff 30 days to comply with the statute.
In addressing a similar issue in Tewari v Tsoutsouras (75 NY2d 1), the court held that there is no authority for imposing the sanction of dismissal for a plaintiff’s failure to file the malpractice notice required by CPLR 3406 (a) and that it was error to treat such failure as a pleading default.
Subsequently, in Kolb v…
3Cases cited5 opinions
- Tewari v. TsoutsourasNew York Court of Appeals · 1989
- Kolb v. StroghAppellate Division of the Supreme Court of the State of New York · 1990
- Santangelo v. RaskinAppellate Division of the Supreme Court of the State of New York · 1988
- Prince v. StateAppellate Division of the Supreme Court of the State of New York · 1989
- Smith v. McDanielAppellate Division of the Supreme Court of the State of New York · 1990
4Cited by10 opinions
- Finnegan v. University of Rochester Medical CenterDistrict Court, W.D. New York · 1998
- Bowles v. StateAppellate Division of the Supreme Court of the State of New York · 1994
- Horn v. BoyleAppellate Division of the Supreme Court of the State of New York · 1999
- Betette v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 2011
- Monzon v. ChiaramonteAppellate Division of the Supreme Court of the State of New York · 2016
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