Burke v. Klein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., based upon medical malpractice, the defendant appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated July 13, 1999, which denied his motion pursuant to CPLR 3216 to dismiss the complaint and granted the plaintiffs’ cross motion for leave to file a note of issue and certificate of readiness.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the complaint is dismissed.
To avoid a default after receipt of the 90-day demand pursuant to CPLR 3216, the…
2Cases cited6 opinions
- Fiore v. GalangNew York Court of Appeals · 1985
- Mosberg v. ElahiNew York Court of Appeals · 1992
- Rubin v. BaglioAppellate Division of the Supreme Court of the State of New York · 1996
- Hayden v. JonesAppellate Division of the Supreme Court of the State of New York · 1997
- Lopez v. Pathmark Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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3Cited by17 opinions
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Picot v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Murray v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Serby v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006
- Cope v. BarakaatAppellate Division of the Supreme Court of the State of New York · 2011
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