Cuoco v. Central Brooklyn Medical Group

Appellate Division of the Supreme Court of New York

Cuoco v. Central Brooklyn Medical Group

201 A.D.2d 529, 609 N.Y.S.2d 815, 1994 N.Y. App. Div. LEXIS 1256

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

DecidedFebruary 14, 1994

StatusPublished

This text of 201 A.D.2d 529 (Cuoco v. Central Brooklyn Medical Group) 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

Cuoco v. Central Brooklyn Medical Group, 201 A.D.2d 529, 609 N.Y.S.2d 815, 1994 N.Y. App. Div. LEXIS 1256 (N.Y. Ct. App. 1994).

Pincite

Opinion

In an action to recover damages for personal injuries due to medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Pizzuto, J.), dated November 22, 1991, which denied her motion to vacate the defendant’s notice pursuant to CPLR 3216 demanding service of a note of issue within 90 days, and to file a late notice of medical malpractice action, and dismissed the complaint.

Ordered that the order is affirmed, with costs.

Given the plaintiff’s failure to file an affidavit of merit, the Supreme Court properly dismissed the complaint for failure to file a note of issue (see, Salch v Paratore, 60 NY2d 851). In view of the foregoing, we need not reach the plaintiff’s remaining contention. Bracken, J. P., Copertino, Santucci and Altman, JJ., concur.

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In an action to recover damages for personal injuries due to medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Pizzuto, J.), dated November 22, 1991, which denied her motion to vacate the defendant’s notice pursuant to CPLR 3216 demanding service of a note of issue within 90 days, and to file a late notice of medical malpractice action, and dismissed the complaint.

Ordered that the order is affirmed, with costs.

Given the plaintiff’s failure to file an affidavit of merit, the Supreme Court properly dismissed the complaint for failure to file a note of issue (see, Salch v Paratore, 60 NY2d 851). In view of the foregoing, we need not reach the plaintiff’s remaining contention. Bracken, J. P., Copertino, Santucci and Altman, JJ., concur.

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Bluebook (online)

201 A.D.2d 529, 609 N.Y.S.2d 815, 1994 N.Y. App. Div. LEXIS 1256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuoco-v-central-brooklyn-medical-group-nyappdiv-1994.

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