Reuter v. Schroeder

Appellate Division of the Supreme Court of New York

Reuter v. Schroeder

195 A.D.2d 543, 601 N.Y.S.2d 837, 1993 N.Y. App. Div. LEXIS 7407

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

DecidedJuly 19, 1993

StatusPublished

Cited by2 cases

This text of 195 A.D.2d 543 (Reuter v. Schroeder) 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

Reuter v. Schroeder, 195 A.D.2d 543, 601 N.Y.S.2d 837, 1993 N.Y. App. Div. LEXIS 7407 (N.Y. Ct. App. 1993).

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Opinion

In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Dutchess County (Jiudice, J.), dated February 26, 1991, which denied his motion to dismiss the complaint pursuant to CPLR 3012 (b).

Ordered that the order is affirmed, with costs.

In light of the brief delay, the absence of prejudice, the plaintiffs showing of a reasonable excuse, and the potential merit of his claim, we find that the Supreme Court permissibly exercised its discretion in denying the defendant’s motion to dismiss the complaint pursuant to CPLR 3012 (b) (see, Shopsin v Siben & Siben, 189 AD2d 811; Gordineer v Gallagher, 160 AD2d 672). Thompson, J. P., Balletta, Miller and Santucci, JJ., concur.

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In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Dutchess County (Jiudice, J.), dated February 26, 1991, which denied his motion to dismiss the complaint pursuant to CPLR 3012 (b).

Ordered that the order is affirmed, with costs.

In light of the brief delay, the absence of prejudice, the plaintiffs showing of a reasonable excuse, and the potential merit of his claim, we find that the Supreme Court permissibly exercised its discretion in denying the defendant’s motion to dismiss the complaint pursuant to CPLR 3012 (b) (see, Shopsin v Siben & Siben, 189 AD2d 811; Gordineer v Gallagher, 160 AD2d 672). Thompson, J. P., Balletta, Miller and Santucci, JJ., concur.

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Bluebook (online)

195 A.D.2d 543, 601 N.Y.S.2d 837, 1993 N.Y. App. Div. LEXIS 7407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reuter-v-schroeder-nyappdiv-1993.

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