Legal Opinion · Concurring in part, dissenting in part
Martinisi v. Cornwall Hospital
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1991Published
1Concurring in part, dissenting in part
Rosenblatt and Ritter, JJ.,
concur in part and vote to dismiss the appeals from the intermediate orders (see, Matter of Aho, 39 NY2d 241, 248), and dissent in part and vote to affirm the judgment appealed from, with the following memorandum: We dissent. The record before us does not demonstrate a justifiable excuse for the plaintiff’s failure to comply with the defendant’s 90-day Notice. The court ordered compliance by a particular date, and the plaintiff failed to comply. Three months later, after the deadline passed, the court again admonished the plaintiff as to the obligation to comply…
2Cases cited10 opinions
- In re AhoNew York Court of Appeals · 1976
- Carte v. SegallAppellate Division of the Supreme Court of the State of New York · 1987
- Balancio v. American Optical Corp.New York Court of Appeals · 1985
- Meth v. Maimonides Medical CenterAppellate Division of the Supreme Court of the State of New York · 1984
- Borgia v. Interboro General HospitalNew York Court of Appeals · 1983
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