Legal Opinion
Bradley v. Konakanchi
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 2017No. 1191 CA 17-00681Published
1Opinion of the Court
OPINION OF THE COURT
NeMoyer, J.
We hold that CPLR 3404 does not apply when the note of issue is vacated.
Facts
The material facts are undisputed. Plaintiff’s ward was admitted to the psychiatric unit of a hospital in the City of Niagara Falls. Shortly thereafter, he allegedly jumped off the hospital’s roof and sustained serious physical injuries. Plaintiff subsequently commenced the instant medical malpractice action against, inter alia, Ramesh Konakanchi, D.O. (defendant). Discovery ensued, and plaintiff eventually filed a note of issue. Defendant moved to vacate the note of issue pursuant to…
2Cases cited22 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Johnson v. Sam Minskoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Travis v. CuffAppellate Division of the Supreme Court of the State of New York · 2006
- Lane v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
- Montalvo v. Mumpus Restorations, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
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