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Trendell v. Community General Hospital

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 810 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeals from Order of Supreme Court, Onondaga County, Nicholson, J. — Dismiss Pleading.

PRESENT: PIGOTT, JR., P. J., GREEN, PINE, KEHOE AND BALIO, JJ.


Order unanimously reversed on the law with costs, cross motion denied, motions granted and action dismissed. Memorandum: In this action to recover damages for defendants' alleged medical malpractice, Supreme Court erred in denying defendants' motions to dismiss the action pursuant to CPLR 3012 (b) based on untimely service of the complaint and in granting the cross motion of plaintiff to excuse his default and extend the time to serve the complaint. Plaintiff failed to show the meritorious nature of the action ( see, CPLR 3012 [d]; Fiore v. Galang, 64 N.Y.2d 999, 1000-1001; Kel Mgt. Corp. v Rogers Wells, 64 N.Y.2d 904; Ward v. Quick, 249 A.D.2d 943, 944).


Summaries of

Trendell v. Community General Hospital

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 810 (N.Y. App. Div. 2000)
Case details for

Trendell v. Community General Hospital

Case Details

Full title:HERBERT TRENDELL, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF MARY…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 810 (N.Y. App. Div. 2000)
718 N.Y.S.2d 680

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