Legal Opinion
Cummings v. St. Joseph's Hospital Health Center
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 1987PublishedCited by 9 opinions
1Opinion of the Court
Order unanimously reversed, on the law, without costs, and appellants’ motions granted. Memorandum: St. Joseph’s Hospital and Crouse-Irving Hospital appeal from an order denying their motions to dismiss plaintiffs’ medical malpractice action for failure to serve a complaint (CPLR 3012 [b]) and granting plaintiffs’ cross motion to dismiss for their failure properly to caption the action. In granting plaintiff leave to recommence the action within 30 days, the court held that plaintiffs were entitled to the Statute of Limitations extension of CPLR 205 (a).
The court erred in denying the motions…
2Cases cited5 opinions
- Fiore v. GalangNew York Court of Appeals · 1985
- Kel Management Corp. v. Rogers & WellsNew York Court of Appeals · 1985
- Stolowitz v. Mount Sinai HospitalNew York Court of Appeals · 1983
- Schwartz v. LuksAppellate Division of the Supreme Court of the State of New York · 1974
- Benedetto v. HodesAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by9 opinions
- Charlotte Lake River Associates v. American InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Kordasiewicz v. BCC Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Redding v. SaundersAppellate Division of the Supreme Court of the State of New York · 1995
- Mogil v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1989
- Niedermeier v. Nassau County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1988
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