Sigurdsson v. Long Island Jewish Hillside Medical Center

Appellate Division of the Supreme Court of New York

Sigurdsson v. Long Island Jewish Hillside Medical Center

114 A.D.2d 497, 494 N.Y.S.2d 998, 1985 N.Y. App. Div. LEXIS 53197

Appellate Division of the Supreme Court of the State of New York·Decided October 28, 1985·Published·Cited by 1 cases

Opinion

—In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Nassau County (Harwood, J.), entered July 31, 1984, which granted the motion of respondents Roberts and Barrau and the cross motion of the other respondents for summary judgment dismissing the action as against them.

Order affirmed, with one bill of costs.

Plaintiff failed to set forth an affidavit of merit and a reasonable excuse for failing to comply with a conditional order of preclusion (see, Smith v Lefrak Org., 60 NY2d 828; Bailey v North Shore Univ. Hosp., 59 NY2d 748; Amodeo v Radler, 59 NY2d 1001). Therefore, Special Term properly dismissed the action as against respondents. Mollen, P. J., Gibbons, Brown, Niehoff and Fiber, JJ., concur.

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

—In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Nassau County (Harwood, J.), entered July 31, 1984, which granted the motion of respondents Roberts and Barrau and the cross motion of the other respondents for summary judgment dismissing the action as against them.

Order affirmed, with one bill of costs.

Plaintiff failed to set forth an affidavit of merit and a reasonable excuse for failing to comply with a conditional order of preclusion (see, Smith v Lefrak Org., 60 NY2d 828; Bailey v North Shore Univ. Hosp., 59 NY2d 748; Amodeo v Radler, 59 NY2d 1001). Therefore, Special Term properly dismissed the action as against respondents. Mollen, P. J., Gibbons, Brown, Niehoff and Fiber, JJ., concur.

Sigurdsson v. Long Island Jewish Hillside Medical Center, 114 A.D.2d 497, 494 N.Y.S.2d 998, 1985 N.Y. App. Div. LEXIS 53197 (N.Y. Ct. App. 1985).

Pincite

114 A.D.2d 497 (Sigurdsson v. Long Island Jewish Hillside Medical Center) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related