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Scotto v. Montemarano

50 A.D.2d 916, 377 N.Y.S.2d 578, 1975 N.Y. App. Div. LEXIS 11836
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 29, 1975
StatusPublished
Cited by2 cases

This text of 50 A.D.2d 916 (Scotto v. Montemarano) 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
Scotto v. Montemarano, 50 A.D.2d 916, 377 N.Y.S.2d 578, 1975 N.Y. App. Div. LEXIS 11836 (N.Y. Ct. App. 1975).

Opinion

— In a medical malpractice action, defendant appeals from an order of the Supreme Court, Kings County, dated August 25, 1975, which (1) denied his motion to dismiss the action for failure to serve a complaint and (2) directed him to accept late service of the complaint. Order reversed, on the law, with $50 costs and disbursements, motion granted, and action dismissed. In the absence of a positive showing of a meritorious action and good cause for the delay, Special Term should have dismissed the action unconditionally (Gelch v Malrich Realty Corp., 47 AD2d 644; Vessichio v Deepdale Gen. Hosp., 44 AD2d 563). Rabin, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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Related

Floria v. Cook
59 A.D.2d 771 (Appellate Division of the Supreme Court of New York, 1977)
Myers v. Empire State Building
53 A.D.2d 662 (Appellate Division of the Supreme Court of New York, 1976)

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Bluebook (online)
50 A.D.2d 916, 377 N.Y.S.2d 578, 1975 N.Y. App. Div. LEXIS 11836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scotto-v-montemarano-nyappdiv-1975.