(Download) "Brenda Franck v. Cny Anesthesia Group" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Brenda Franck v. Cny Anesthesia Group
- Author : Supreme Court of New York
- Release Date : January 12, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
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[175 A.D.2d 605 Page 605] Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff failed
to demonstrate an acceptable excuse for her failure to file a note of issue within the 90-day demand period or the existence
of a meritorious cause of action, and the motion to dismiss her medical malpractice complaint should have been granted (see,
CPLR 3216[e]; Walker v Town of Lockport, 109 A.D.2d 1102, affd 65 N.Y.2d 840; Young v Tompkins, 124 A.D.2d 1061; MacLeod v
Nolte, 106 A.D.2d 860). Supreme Court erred in concluding that settlement negotiations with a co-defendant well after expiration
of the 90-day demand period constituted an acceptable excuse for the failure to file a note of issue (see, Berna v Monroe
Community Coll., 91 A.D.2d 1199). Further, neither the fact that plaintiff filed a note of issue more than a year after service
of defendant's demand nor the inconvenience resulting from plaintiff's relocation to Maine shortly after commencement of the
action amounts to an acceptable excuse (see, Scott v Columbia Mem. Hosp., 134 A.D.2d 792; Young v Tompkins, supra).
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