Saeed v. Boulevard Hospital
Cases that cite this one
6 later published cases cite this decision.
- Ruppell v. Hair Plus Beauty, Inc. (Appellate Division of the Supreme Court of New York 2001)
- King v. City of Watervliet (Appellate Division of the Supreme Court of New York 1991)
- Brice v. Westchester Community Health Plan (Appellate Division of the Supreme Court of New York 1988)
- Hammer v. Hochberg (Appellate Division of the Supreme Court of New York 1987)
- Martinelli v. Hessekiel (Appellate Division of the Supreme Court of New York 1987)
- Daponte v. Weber (Appellate Division of the Supreme Court of New York 1987)
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, plaintiffs appeal from a judgment of the Supreme Court, Queens County (Hyman, J.), dated November 21, 1983, which severed and dismissed the complaint as to defendant Shiffman, upon the denial of plaintiffs’ renewed motion to vacate a default dismissal.
Judgment affirmed, without costs or disbursements.
The conclusory affidavit by the injured plaintiffs and the two unsworn letters from examining physicians which are devoid of any opinion or evidentiary facts supporting the malpractice claim, fail to establish, as a matter of law, that plaintiffs’ claim is meritorious (Kel Mgt. Corp. v Rogers & Wells, 64 NY2d 904; Amodeo v Radler, 89 AD2d 594, affd 59 NY2d 1001; O’Halloran v Eller, 43 AD2d 955). Plaintiffs have also failed to demonstrate a satisfactory excuse for their failure to comply with a demand for medical authorizations. Thus, Special Term did not abuse its discretion in denying plaintiffs’ renewed motion to vacate their default and the complaint was properly dismissed as to defendant Shiffman. Lazer, J. P., Gibbons, Thompson and Niehoff, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.