Munnett v. St. Joseph's Hospital

Appellate Division of the Supreme Court of New York

Munnett v. St. Joseph's Hospital

56 A.D.2d 727, 393 N.Y.S.2d 134, 1977 N.Y. App. Div. LEXIS 10902

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

DecidedFebruary 25, 1977

StatusPublished

This text of 56 A.D.2d 727 (Munnett v. St. Joseph's Hospital) 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

Munnett v. St. Joseph's Hospital, 56 A.D.2d 727, 393 N.Y.S.2d 134, 1977 N.Y. App. Div. LEXIS 10902 (N.Y. Ct. App. 1977).

Pincite

Opinion

Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: The record reveals that prior to June, 1974 plaintiffs made three requests, without response from defendant, for medical information following plaintiff Mrs. Munnett’s June, 1971 operation. A subsequent conversation with defendant’s claims representative is alleged to have occurred [728]*728sometime after the service of the summons in June, 1974. The 20-month delay following the service of the summons may not properly be justified by the alleged lack of defendant’s co-operation. Plaintiffs knew or should have known at the time they served their summons from the lack of response to the previous requests that they would not receive co-operation from the defendant. Further, in such a situation plaintiffs have available means of self-help to remedy the refusal of defendant to provide information needed to draft a complaint (CPLR 3102, subd [c]; 3A Weinstein-Korn-Miller, NY Civ Prac, par 3102.13). (Appeal from order of Onondaga Supreme Court— motion to dismiss.) Present—Marsh, P. J., Moule, Cardamone, Simons and Dillon, JJ.

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Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: The record reveals that prior to June, 1974 plaintiffs made three requests, without response from defendant, for medical information following plaintiff Mrs. Munnett’s June, 1971 operation. A subsequent conversation with defendant’s claims representative is alleged to have occurred [728]*728sometime after the service of the summons in June, 1974. The 20-month delay following the service of the summons may not properly be justified by the alleged lack of defendant’s co-operation. Plaintiffs knew or should have known at the time they served their summons from the lack of response to the previous requests that they would not receive co-operation from the defendant. Further, in such a situation plaintiffs have available means of self-help to remedy the refusal of defendant to provide information needed to draft a complaint (CPLR 3102, subd [c]; 3A Weinstein-Korn-Miller, NY Civ Prac, par 3102.13). (Appeal from order of Onondaga Supreme Court— motion to dismiss.) Present—Marsh, P. J., Moule, Cardamone, Simons and Dillon, JJ.

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Bluebook (online)

56 A.D.2d 727, 393 N.Y.S.2d 134, 1977 N.Y. App. Div. LEXIS 10902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munnett-v-st-josephs-hospital-nyappdiv-1977.