Coakley v. Southside Hospital

Appellate Division of the Supreme Court of New York

Coakley v. Southside Hospital

196 A.D.2d 564, 601 N.Y.S.2d 190, 1993 N.Y. App. Div. LEXIS 8099

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

DecidedAugust 16, 1993

StatusPublished

Cited by1 cases

This text of 196 A.D.2d 564 (Coakley v. Southside Hospital) 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

Coakley v. Southside Hospital, 196 A.D.2d 564, 601 N.Y.S.2d 190, 1993 N.Y. App. Div. LEXIS 8099 (N.Y. Ct. App. 1993).

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Opinion

In an action to recover damages for medical malpractice, the defendant Stuart N. Kandel appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated August 22, 1990, which granted the plaintiffs’ motion to vacate a prior order of the same court dated March 6, 1990, granting the appellant’s cross motion to dismiss the complaint insofar as it is asserted against him for failure to a file certificate of merit, and denied his cross motion to dismiss the complaint.

Ordered that the order dated August 22, 1990, is reversed, on the law and as a matter of discretion in the interest of justice, with costs, the motion is denied, and the order dated March 6, 1990, is reinstated.

The plaintiffs had two separate opportunities to submit opposition to the appellant’s cross motion to dismiss and failed to do so. That the appellant’s application was made by cross motion rather than by motion in the first instance was immaterial (see, CPLR 2215). Accordingly, the Supreme Court improperly vacated its prior order dismissing the complaint insofar as it is asserted against the appellant. Thompson, J. P., Sullivan, Miller, Ritter and Santucci, JJ., concur.

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In an action to recover damages for medical malpractice, the defendant Stuart N. Kandel appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated August 22, 1990, which granted the plaintiffs’ motion to vacate a prior order of the same court dated March 6, 1990, granting the appellant’s cross motion to dismiss the complaint insofar as it is asserted against him for failure to a file certificate of merit, and denied his cross motion to dismiss the complaint.

Ordered that the order dated August 22, 1990, is reversed, on the law and as a matter of discretion in the interest of justice, with costs, the motion is denied, and the order dated March 6, 1990, is reinstated.

The plaintiffs had two separate opportunities to submit opposition to the appellant’s cross motion to dismiss and failed to do so. That the appellant’s application was made by cross motion rather than by motion in the first instance was immaterial (see, CPLR 2215). Accordingly, the Supreme Court improperly vacated its prior order dismissing the complaint insofar as it is asserted against the appellant. Thompson, J. P., Sullivan, Miller, Ritter and Santucci, JJ., concur.

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Bluebook (online)

196 A.D.2d 564, 601 N.Y.S.2d 190, 1993 N.Y. App. Div. LEXIS 8099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coakley-v-southside-hospital-nyappdiv-1993.

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