Legal Opinion

Midolo v. Horner

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1987PublishedCited by 5 opinions

1Opinion of the Court

In a dental malpractice action, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated December 3, 1986, which denied his motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff commenced this dental malpractice action on or about June 22, 1983, alleging, inter alia, the negligent installation of caps, crowns and endodontic posts in the plaintiff’s teeth. Issue was joined on August 30, 1983, and…

2Cases cited9 opinions

  1. Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Fiore v. GalangNew York Court of Appeals · 1985
  3. De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Canter v. MulnickNew York Court of Appeals · 1983
  5. La Buda v. Brookhaven Memorial Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Abelard v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 1994
  2. Duqmaq v. StewartAppellate Division of the Supreme Court of the State of New York · 1988
  3. Velasquez v. NewellAppellate Division of the Supreme Court of the State of New York · 1996
  4. Socoloff v. New York Eye & Ear InfirmaryAppellate Division of the Supreme Court of the State of New York · 1991
  5. Grovey v. Gimbel Bros.Appellate Division of the Supreme Court of the State of New York · 1989

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