Legal Opinion

Manko v. Lenox Hill Hospital

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 2007PublishedCited by 8 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated February 17, 2006, which, in effect, granted that branch of the defendant’s motion which was pursuant to CPLR 3126 to strike the complaint and dismiss the action.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and that branch of the motion which was pursuant to CPLR 3126 to strike the complaint and dismiss the action is denied.

The Supreme Court improvidently exercised its discretion in…

2Cases cited4 opinions

  1. Resnick v. SchwarzkopfAppellate Division of the Supreme Court of the State of New York · 2007
  2. Mawson v. Historic Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2006
  3. Lombardo v. St. Francis Hospital Rehabilitation ServicesAppellate Division of the Supreme Court of the State of New York · 2005
  4. Centerport Insurance Agency, Inc. v. Atlantic Fabricators of Rhode Island, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by8 opinions

  1. Palmieri v. Piano Exchange, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Delarosa v. Besser Co.Appellate Division of the Supreme Court of the State of New York · 2011
  3. LOP Development, LLC v. ZHL Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. ACME ANC Corp. v. ReadAppellate Division of the Supreme Court of the State of New York · 2008
  5. Myung Sum Suh v. Jung Ja KimAppellate Division of the Supreme Court of the State of New York · 2008

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