Eggleston v. Berman

Appellate Division of the Supreme Court of New York

Eggleston v. Berman

155 A.D.2d 942

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

DecidedNovember 15, 1989

StatusPublished

This text of 155 A.D.2d 942 (Eggleston v. Berman) 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

Eggleston v. Berman, 155 A.D.2d 942 (N.Y. Ct. App. 1989).

Pincite

Opinion

— Order unanimously reversed on the law without costs and defendant Berman’s [943]*943motion granted with prejudice. Memorandum: In this medical malpractice action, the motion of defendant Berman for summary judgment dismissing the action against him was denied. Plaintiffs have not submitted a brief on appeal. In a letter submitted by plaintiffs’ counsel, we are told that plaintiffs “do not actively oppose the relief sought” by defendant Berman. The letter further recites that plaintiffs seek to discontinue the action as against defendant Berman. With the case in that posture, there is no need to address the merits of the appeal. (Appeal from order of Supreme Court, Jefferson County, Inglehart, J. — summary judgment.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.

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— Order unanimously reversed on the law without costs and defendant Berman’s [943]*943motion granted with prejudice. Memorandum: In this medical malpractice action, the motion of defendant Berman for summary judgment dismissing the action against him was denied. Plaintiffs have not submitted a brief on appeal. In a letter submitted by plaintiffs’ counsel, we are told that plaintiffs “do not actively oppose the relief sought” by defendant Berman. The letter further recites that plaintiffs seek to discontinue the action as against defendant Berman. With the case in that posture, there is no need to address the merits of the appeal. (Appeal from order of Supreme Court, Jefferson County, Inglehart, J. — summary judgment.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.

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Bluebook (online)

155 A.D.2d 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eggleston-v-berman-nyappdiv-1989.