Lindgren v. St. Vincent's Medical Center of Richmond

Appellate Division of the Supreme Court of New York

Lindgren v. St. Vincent's Medical Center of Richmond

272 A.D.2d 451, 708 N.Y.S.2d 334, 2000 N.Y. App. Div. LEXIS 5567

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 2000·Published·Cited by 1 cases

Opinion

—In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Richmond County (Cusick, J.), dated April 13, 1999, which granted the motion of the defendants Stephen Hurst and R. Binlayo to dismiss the complaint insofar as asserted against them pursuant to CPLR former 306-b.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action by filing a summons and complaint on December 16, 1996. The plaintiff did not file proof of service until May 13, 1997, 148 days later. Thus, the action was automatically dismissed on April 16, 1997 (see, CPLR former 306-b [a]; Connor v Deas, 255 AD2d 287). Contrary to the plaintiffs contention, there is no basis for the retroactive application of the current CPLR 306-b (see, Connor v Deas, supra).

The plaintiffs remaining contentions are without merit. Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Richmond County (Cusick, J.), dated April 13, 1999, which granted the motion of the defendants Stephen Hurst and R. Binlayo to dismiss the complaint insofar as asserted against them pursuant to CPLR former 306-b.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action by filing a summons and complaint on December 16, 1996. The plaintiff did not file proof of service until May 13, 1997, 148 days later. Thus, the action was automatically dismissed on April 16, 1997 (see, CPLR former 306-b [a]; Connor v Deas, 255 AD2d 287). Contrary to the plaintiffs contention, there is no basis for the retroactive application of the current CPLR 306-b (see, Connor v Deas, supra).

The plaintiffs remaining contentions are without merit. Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

Lindgren v. St. Vincent's Medical Center of Richmond, 272 A.D.2d 451, 708 N.Y.S.2d 334, 2000 N.Y. App. Div. LEXIS 5567 (N.Y. Ct. App. 2000).

Pincite

272 A.D.2d 451 (Lindgren v. St. Vincent's Medical Center of Richmond) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related