Legal Opinion
Reilly v. Syosset Hospital
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1996PublishedCited by 3 opinions
1Opinion of the Court
The Supreme Court entered a judgment dismissing the complaint after the plaintiff had failed to comply with a prior conditional order of preclusion and/or dismissal for failure to disclose. Since the order and subsequent judgment arose from a motion made on notice by the defendants and opposed by the plaintiff’s attorneys of record, the plaintiff’s proper remedy was by way of appeal rather than a motion to vacate (see, Pergamon Press v Tietze, 81 AD2d 831; see also, Schwenk v St. Peter’s Hosp., 215 AD2d 906; Banner Serv. Corp. v Hall, 185 AD2d 613). Thus, the court erred in entertaining the…
2Cases cited8 opinions
- Pergamon Press, Inc. v. TietzeAppellate Division of the Supreme Court of the State of New York · 1981
- White v. LeonardAppellate Division of the Supreme Court of the State of New York · 1988
- Murdock v. Center for Special SurgeryAppellate Division of the Supreme Court of the State of New York · 1993
- Banner Service Corp. v. HallAppellate Division of the Supreme Court of the State of New York · 1992
- Bender & Bodnar v. NankinAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
- Gilmore v. GarveyAppellate Division of the Supreme Court of the State of New York · 2006
- Clarke v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Desena v. 486 Henry Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 2000