Appellate Division of the Supreme Court of New York, 1982

Amodeo v. Radler

Appellate Division of the Supreme Court of New York · Decided July 19, 1982

89 A.D.2d 594; 452 N.Y.S.2d 471; 1982 N.Y. App. Div. LEXIS 17675

Cases that cite this one

19 later published cases cite this decision.

Gibbs v. St. Barnabas Hospital (N.Y. 2010)
Guzetti v. City of New York (Appellate Division of the Supreme Court of New York 2006)
Buczkowski v. Craig House Corp. (Appellate Division of the Supreme Court of New York 1994)
Escobar v. Deepdale General Hospital (Appellate Division of the Supreme Court of New York 1991)
Bauch v. Verrilli (Appellate Division of the Supreme Court of New York 1989)
White v. Leonard (Appellate Division of the Supreme Court of New York 1988)
Martinelli v. Hessekiel (Appellate Division of the Supreme Court of New York 1987)
Martinelli v. Hessekiel (Appellate Division of the Supreme Court of New York 1987)
Petrone v. Sclafani (Appellate Division of the Supreme Court of New York 1987)
Daponte v. Weber (Appellate Division of the Supreme Court of New York 1987)
Maust v. Arseneau (Appellate Division of the Supreme Court of New York 1986)
Paglia v. Agrawal (Appellate Division of the Supreme Court of New York 1986)
Saeed v. Boulevard Hospital (Appellate Division of the Supreme Court of New York 1985)
Lugardo v. Folkes (Appellate Division of the Supreme Court of New York 1985)
Gass v. Gass (Appellate Division of the Supreme Court of New York 1984)
Smith v. Palmieri (Appellate Division of the Supreme Court of New York 1984)
Canter v. Mulnick (Appellate Division of the Supreme Court of New York 1983)
Brann v. City of New York (Appellate Division of the Supreme Court of New York 1983)
Bustamonte v. Koval (Appellate Division of the Supreme Court of New York 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a medical malpractice action, defendant Bruce Radler appeals from an order of the Supreme Court, Queens County (Calabretta, J.), dated August 25, 1981, which denied, as moot, his motion for summary judgment dismissing the action as against him for failure of plaintiffs to timely serve a bill of particulars pursuant to a prior conditional order of preclusion. Order reversed, on the law, with $50 costs and disbursements and motion for summary judgment dismissing the action as against defendant Radler granted. The record in this case and the arguments raised by former counsel to the plaintiffs establish only law office failure which is, by law, not a reasonable excuse for a delay in complying with a conditional preclusion order for a period *595of more than three months. (See Gohery v Spartan Concrete Corp., 85 AD2d 678, affd 56 NY2d 785.) Plaintiffs have also failed to establish the legal merits of this action by an affidavit from a physician competent to attest to the meritorious nature of their claim. Damiani, J. P., O’Connor, Thompson and Brown, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.