Legal Opinion
Tewari v. Tsoutsouras
New York Court of Appeals
Decided October 24, 1989PublishedCited by 125 opinions
1Opinion of the Court
*5OPINION OF THE COURT
Alexander, J.
In 1985, as part of a comprehensive reform of medical malpractice, the Legislature enacted CPLR 3406 (a) which requires plaintiffs to file a "notice of dental, medical or podiatric malpractice action”1 within 60 days of joinder of issue. As a sanction for her failure to timely file this notice, the Appellate Division dismissed the plaintiff’s complaint. We now reverse because a review of the relevant statutes and rules reveals no legislative authority for the imposition of the severe sanction of dismissal in this circumstance. We further conclude that the…
2Cases cited14 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982
- Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
- Zletz v. WetansonNew York Court of Appeals · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- IndyMac Bank, F.S.B. v. Yano-HoroskiAppellate Division of the Supreme Court of the State of New York · 2010
- Rossi v. Arnot Ogden Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Kolb v. StroghAppellate Division of the Supreme Court of the State of New York · 1990
120 more not listed; retrieve them via the Exa API.