Legal Opinion
Tu Ying Chen v. Nash
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 1999PublishedCited by 5 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Suffolk County (Seidell, J.), entered October 27, 1998, which granted their motion pursuant to CPLR 3216 (b) (3) to dismiss the complaint only on the condition that the plaintiff fail to serve and file a note of issue and certificate of readiness within 90 days following receipt of a copy of the order with notice of entry.
Ordered that the order is affirmed, with costs.
*280A party served with a 90-day notice pursuant to CPLR 3216 who fails to comply with the notice…
2Cases cited5 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Allone v. University Hospital of New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Schoenhals v. Kissing Bridge Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Brown v. WeissbergAppellate Division of the Supreme Court of the State of New York · 1964
3Cited by5 opinions
- Mega Contr., Inc. v. Adventure Masonry Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Misun Lee v. RadAppellate Division of the Supreme Court of the State of New York · 2015
- Lubov v. WeliksonAppellate Division of the Supreme Court of the State of New York · 2007
- Rowley v. Carl Zeiss, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Hochberg v. Maimonides Medical CenterAppellate Division of the Supreme Court of the State of New York · 2007