Blasoff v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Blasoff v. New York City Health & Hospitals Corp.

2017 NY Slip Op 1132, 147 A.D.3d 481, 46 N.Y.S.3d 418

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

DecidedFebruary 10, 2017

Docket3069 107468/10

StatusPublished

Cited by2 cases

This text of 2017 NY Slip Op 1132 (Blasoff v. New York City Health & Hospitals Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blasoff v. New York City Health & Hospitals Corp., 2017 NY Slip Op 1132, 147 A.D.3d 481, 46 N.Y.S.3d 418 (N.Y. Ct. App. 2017).

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Opinion

Judgment, Supreme Court, New York County (Frank P. Ñervo, J.), entered April 30, 2015, dismissing the complaint as against defendant New York City Health and Hospitals *482 Corporation (HHC) (sued herein as HHC and Bellevue Hospital Center), pursuant to an order, same court and Justice, entered April 1, 2015, which granted HHC’s motion to dismiss the complaint as against it, unanimously affirmed, without costs.

Supreme Court properly dismissed the complaint upon plaintiff’s failure to obey a court-ordered stipulation in which plaintiff agreed to serve a certificate of merit, as required by CPLR 3012-a (a), within 10 days, or risk having his complaint dismissed as against HHC. The failure to file a certificate of merit when required “is a pleading defect . . . requiring dismissal [of the complaint] unless plaintiff can establish a reasonable excuse for the default [and] a meritorious cause of action” (Perez v Lenox Hill Hosp., 159 AD2d 251, 251 [1st Dept 1990]), neither of which were established here. Where, as here, a litigant ignores a court order, the court may dismiss the action (CPLR 3126 [3]; Kihl v Pfeffer, 94 NY2d 118, 123 [1999]).

Plaintiff’s remaining arguments are academic and, in any event, unavailing.

Concur — Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels and Webber, JJ.

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Judgment, Supreme Court, New York County (Frank P. Ñervo, J.), entered April 30, 2015, dismissing the complaint as against defendant New York City Health and Hospitals *482 Corporation (HHC) (sued herein as HHC and Bellevue Hospital Center), pursuant to an order, same court and Justice, entered April 1, 2015, which granted HHC’s motion to dismiss the complaint as against it, unanimously affirmed, without costs.

Supreme Court properly dismissed the complaint upon plaintiff’s failure to obey a court-ordered stipulation in which plaintiff agreed to serve a certificate of merit, as required by CPLR 3012-a (a), within 10 days, or risk having his complaint dismissed as against HHC. The failure to file a certificate of merit when required “is a pleading defect . . . requiring dismissal [of the complaint] unless plaintiff can establish a reasonable excuse for the default [and] a meritorious cause of action” (Perez v Lenox Hill Hosp., 159 AD2d 251, 251 [1st Dept 1990]), neither of which were established here. Where, as here, a litigant ignores a court order, the court may dismiss the action (CPLR 3126 [3]; Kihl v Pfeffer, 94 NY2d 118, 123 [1999]).

Plaintiff’s remaining arguments are academic and, in any event, unavailing.

Concur — Sweeny, J.P., Acosta, Mazzarelli, Manzanet-Daniels and Webber, JJ.

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Bluebook (online)

2017 NY Slip Op 1132, 147 A.D.3d 481, 46 N.Y.S.3d 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blasoff-v-new-york-city-health-hospitals-corp-nyappdiv-2017.

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