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Johnson v. Ladin

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 439 (N.Y. App. Div. 2005)

Summary

In Johnson v. Ladin (18 AD3d 439 [Second Department, 2005]), the appellate court stated : "Contrary to the Supreme Court's determination, the defendant's motion, made well within 120 days after the filing of the new note of issue, was timely."

Summary of this case from King v. 16 John St. Owner, L.L.C.

Opinion

2004-02203.

May 2, 2005.

In action, inter alia, to recover damages for dental malpractice, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Jamieson, J.), entered January 29, 2004, as denied that branch of his motion which was for summary judgment dismissing the complaint.

Before: Adams, J.P., Ritter, Mastro and Rivera, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action, inter alia, to recover damages for dental malpractice and loss of consortium alleging, among other things, that the defendant's treatment of the injured plaintiff deviated from good and accepted dental practice. The defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. We affirm.

Contrary to the Supreme Court's determination, the defendant's motion, made well within 120 days after the filing of the new note of issue, was timely ( see CPLR 3212 [a]; Alexander v. City of New York, 277 AD2d 334; Di Rosario v. Williams, 276 AD2d 583; see also Brill v. City of New York, 2 NY3d 648). However, the defendant failed to establish a prima facie case in support of his motion for summary judgment. The affidavits submitted in support of that motion did not address the specific allegations of malpractice set forth in the plaintiffs' verified bill of particulars ( see Alvarez v. Prospect Hosp., 68 NY2d 320, 324; Drago v. King, 283 AD2d 603, 604). Accordingly, it is unnecessary to consider whether the plaintiffs' papers in opposition were sufficient to raise a triable issue of fact ( see Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851).

The defendant's remaining contentions are without merit.


Summaries of

Johnson v. Ladin

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 439 (N.Y. App. Div. 2005)

In Johnson v. Ladin (18 AD3d 439 [Second Department, 2005]), the appellate court stated : "Contrary to the Supreme Court's determination, the defendant's motion, made well within 120 days after the filing of the new note of issue, was timely."

Summary of this case from King v. 16 John St. Owner, L.L.C.
Case details for

Johnson v. Ladin

Case Details

Full title:DORANN PUTNAM JOHNSON et al., Respondents, v. EDWARD L. LADIN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 2, 2005

Citations

18 A.D.3d 439 (N.Y. App. Div. 2005)
794 N.Y.S.2d 441

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