Berland v. Fine

Appellate Division of the Supreme Court of New York

Berland v. Fine

63 A.D.2d 642, 404 N.Y.S.2d 640, 1978 N.Y. App. Div. LEXIS 11505

Appellate Division of the Supreme Court of the State of New York·Decided May 1, 1978·Published·Cited by 2 cases

Opinion

In a medical malpractice action, defendant appeals from an order of the Supreme Court, Kings County, dated September 23, 1977, which denied his motion to dismiss the action for failure to serve a complaint (see CPLR 3012, subd [b]). Order reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, and motion granted. In the light of the delay of more than 30 months in complying with defendant-appellant’s demand for the service of a complaint, and the inadequate excuse offered, it was an abuse of discretion to deny the motion to dismiss the action pursuant to CPLR 3012 (subd [b]). Hopkins, J. P., Martuscello, Shapiro and O’Connor, JJ., concur.

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In a medical malpractice action, defendant appeals from an order of the Supreme Court, Kings County, dated September 23, 1977, which denied his motion to dismiss the action for failure to serve a complaint (see CPLR 3012, subd [b]). Order reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, and motion granted. In the light of the delay of more than 30 months in complying with defendant-appellant’s demand for the service of a complaint, and the inadequate excuse offered, it was an abuse of discretion to deny the motion to dismiss the action pursuant to CPLR 3012 (subd [b]). Hopkins, J. P., Martuscello, Shapiro and O’Connor, JJ., concur.

Berland v. Fine, 63 A.D.2d 642, 404 N.Y.S.2d 640, 1978 N.Y. App. Div. LEXIS 11505 (N.Y. Ct. App. 1978).

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63 A.D.2d 642 (Berland v. Fine) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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