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Damino v. Stern

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 581 (N.Y. App. Div. 2000)

Opinion

Submitted September 13, 2000.

October 16, 2000.

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (O'Connell, J.), dated September 17, 1999, which granted the defendants' motion to dismiss the complaint on the ground that the action was time-barred pursuant to General Municipal Law § 50-i and denied his cross motion for leave to amend the complaint.

Kupillas Unger, Great Neck, N.Y. (Robert Damino, Sr., of counsel), for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Kristin M. Helmers, Howard Schragin, and Helen P. Brown of counsel), for respondents.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion to dismiss the complaint (see, General Municipal Law §§ 50-e[a], 50-i[c], 50-k, [6]; DeGradi v. Coney Is. Med. Group, 172 A.D.2d 582, 583; Albano v. Hawkins, 82 A.D.2d 871), and denied the plaintiff's cross motion for leave to amend the complaint.


Summaries of

Damino v. Stern

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 581 (N.Y. App. Div. 2000)
Case details for

Damino v. Stern

Case Details

Full title:ROBERT DAMINO, APPELLANT, v. MICHAEL STERN, ETC., ET AL., RESPONDENTS

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

Date published: Oct 16, 2000

Citations

276 A.D.2d 581 (N.Y. App. Div. 2000)
715 N.Y.S.2d 324