Evans v. Kringstein

Appellate Division of the Supreme Court of New York

Evans v. Kringstein

225 A.D.2d 582, 639 N.Y.2d 738, 639 N.Y.S.2d 738, 1996 N.Y. App. Div. LEXIS 2186

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 1996·Published·Cited by 2 cases

Opinion

A plaintiff who seeks to restore a case to the trial calendar within a year following its being stricken therefrom must bear the burden of demonstrating, inter alia, the existence of a meritorious cause of action (see, Barton v Jablon, 181 AD2d 755; see also, Public Adm’r of County of N. Y. v Heil Corp., 126 AD2d 533). The plaintiff has failed to establish this.

The affidavit of the plaintiff’s expert is insufficient to establish merit since this affidavit does not "make specific observations as to the procedures or treatments performed or the alleged improprieties therein” (Nepomniaschi v Goldstein, 182 AD2d 743, 744). O’Brien, J. P., Santucci, Altman and Gold-stein, JJ., concur.

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A plaintiff who seeks to restore a case to the trial calendar within a year following its being stricken therefrom must bear the burden of demonstrating, inter alia, the existence of a meritorious cause of action (see, Barton v Jablon, 181 AD2d 755; see also, Public Adm’r of County of N. Y. v Heil Corp., 126 AD2d 533). The plaintiff has failed to establish this.

The affidavit of the plaintiff’s expert is insufficient to establish merit since this affidavit does not "make specific observations as to the procedures or treatments performed or the alleged improprieties therein” (Nepomniaschi v Goldstein, 182 AD2d 743, 744). O’Brien, J. P., Santucci, Altman and Gold-stein, JJ., concur.

Evans v. Kringstein, 225 A.D.2d 582, 639 N.Y.2d 738, 639 N.Y.S.2d 738, 1996 N.Y. App. Div. LEXIS 2186 (N.Y. Ct. App. 1996).

Pincite

225 A.D.2d 582 (Evans v. Kringstein) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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