Johnson v. Haig

Appellate Division of the Supreme Court of New York

Johnson v. Haig

226 A.D.2d 588, 641 N.Y.S.2d 571, 1996 N.Y. App. Div. LEXIS 4396

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

DecidedApril 22, 1996

StatusPublished

Cited by1 cases

This text of 226 A.D.2d 588 (Johnson v. Haig) 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

Johnson v. Haig, 226 A.D.2d 588, 641 N.Y.S.2d 571, 1996 N.Y. App. Div. LEXIS 4396 (N.Y. Ct. App. 1996).

Pincite

Opinion

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered April 3, 1995, which denied her motion to vacate an order dated January 31, 1994, dismissing the complaint pursuant to CPLR 3126 (3).

Ordered that the order is reversed, on the law, with costs, the motion to vacate the order dated January 31, 1994, is granted, that order is vacated, and the complaint is reinstated.

The order dismissing the complaint pursuant to CPLR 3126 (3) was improperly based on an ex parte oral motion made by the defendant without giving notice to the plaintiff. We note, however, that this determination is made without prejudice to the defendant’s renewal of the motion in accordance herewith. Miller, J. P., Joy, Hart and Krausman, JJ., concur.

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In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered April 3, 1995, which denied her motion to vacate an order dated January 31, 1994, dismissing the complaint pursuant to CPLR 3126 (3).

Ordered that the order is reversed, on the law, with costs, the motion to vacate the order dated January 31, 1994, is granted, that order is vacated, and the complaint is reinstated.

The order dismissing the complaint pursuant to CPLR 3126 (3) was improperly based on an ex parte oral motion made by the defendant without giving notice to the plaintiff. We note, however, that this determination is made without prejudice to the defendant’s renewal of the motion in accordance herewith. Miller, J. P., Joy, Hart and Krausman, JJ., concur.

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Bluebook (online)

226 A.D.2d 588, 641 N.Y.S.2d 571, 1996 N.Y. App. Div. LEXIS 4396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-haig-nyappdiv-1996.

Opinion

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