Lieberman v. Yorburg

Appellate Division of the Supreme Court of New York

Lieberman v. Yorburg

135 A.D.2d 509, 522 N.Y.S.2d 463, 1987 N.Y. App. Div. LEXIS 52468

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

DecidedDecember 7, 1987

StatusPublished

Cited by1 cases

This text of 135 A.D.2d 509 (Lieberman v. Yorburg) 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

Lieberman v. Yorburg, 135 A.D.2d 509, 522 N.Y.S.2d 463, 1987 N.Y. App. Div. LEXIS 52468 (N.Y. Ct. App. 1987).

Pincite

Opinion

— In a medical malpractice action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Westchester County (Wood, J.), dated June 10, 1986, as (1) denied the defendant’s motion to dismiss the complaint based on the plaintiffs’ failure to timely file a notice of medical malpractice action pursuant to CPLR 3406 (a), and (2) granted that branch of the plaintiffs’ cross motion which was for an order directing that a notice of malpractice action filed by the plaintiffs on February 28, 1986, be deemed filed nunc pro tunc as of December 15, 1985.

Ordered that the order is affirmed insofar as appealed from, with costs.

A review of the entire record indicates that the Supreme Court did not abuse its discretion when, inter alia, it granted the plaintiffs’ cross motion for an order extending their time to file a notice of the medical malpractice action (CPLR 3406 [a]; 2004; A & J Concrete Corp. v Arker, 54 NY2d 870). Mangano, J. P., Thompson, Lawrence and Eiber, JJ., concur.

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— In a medical malpractice action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Westchester County (Wood, J.), dated June 10, 1986, as (1) denied the defendant’s motion to dismiss the complaint based on the plaintiffs’ failure to timely file a notice of medical malpractice action pursuant to CPLR 3406 (a), and (2) granted that branch of the plaintiffs’ cross motion which was for an order directing that a notice of malpractice action filed by the plaintiffs on February 28, 1986, be deemed filed nunc pro tunc as of December 15, 1985.

Ordered that the order is affirmed insofar as appealed from, with costs.

A review of the entire record indicates that the Supreme Court did not abuse its discretion when, inter alia, it granted the plaintiffs’ cross motion for an order extending their time to file a notice of the medical malpractice action (CPLR 3406 [a]; 2004; A & J Concrete Corp. v Arker, 54 NY2d 870). Mangano, J. P., Thompson, Lawrence and Eiber, JJ., concur.

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Bluebook (online)

135 A.D.2d 509, 522 N.Y.S.2d 463, 1987 N.Y. App. Div. LEXIS 52468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lieberman-v-yorburg-nyappdiv-1987.

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