Legal Opinion
Wells v. Mount Sinai Hospital and Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided September 21, 1993PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Stanley Sklar, J.), entered June 23, 1992, which granted defendants’ motion to dismiss plaintiffs causes of action for medical malpractice and intentional infliction of emotional distress as barred by the Statute of Limitations, and denied plaintiffs cross motion to amend the summons, unanimously affirmed, without costs.
We agree with the IAS Court that plaintiffs filing of a summons that did not comply with the notice requirements of CPLR 305 (b) was jurisdictionally defective and consequently failed to toll the Statute of Limitations pursuant to CPLR…
2Cases cited5 opinions
- Frerk v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Frerk v. Mercy HospitalNew York Court of Appeals · 1984
- Tamburo v. P & C Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- Kaplan v. ManoliNew York Court of Appeals · 1985
- Kaplan v. ManoliAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by5 opinions
- Micro-Spy, Inc. v. SmallAppellate Division of the Supreme Court of the State of New York · 2004
- European American Bank v. LegumAppellate Division of the Supreme Court of the State of New York · 1998
- Roth v. State UniversityAppellate Division of the Supreme Court of the State of New York · 2009
- David A. Kaminsky & Assoc., PC v. BrennerAppellate Terms of the Supreme Court of New York · 2019
- Shengmeng Wang v. Chung Fat Supermarket Inc., Yue Mei Jiang, Zhi Liang Chen, Xue Feng Jiang, Xinyu Jiang, and Xin Xin ChiangDistrict Court, E.D. New York · 2026