Koscinski v. St. Joseph's Medical Center
Cases that cite this one
3 later published cases cite this decision.
- HILLIARD, TERRY D. v. HIGHLAND HOSPITAL (Appellate Division of the Supreme Court of New York 2011)
- Bort v. Perper (Appellate Division of the Supreme Court of New York 2011)
- Koscinski v. St. Joseph's Medical Center (Appellate Division of the Supreme Court of New York 2008)
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 an action, inter alia, to recover damages for medical malpractice, the defendant Richard J. Radna appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Silverman, J.), dated March 21, 2005, as granted the plaintiff’s motion to restore the case to “active status,” and denied his cross motion to dismiss the complaint insofar as asserted against him.
Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is denied, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The plaintiff failed to comply with a compliance order dated February 24, 2004, which directed him to file a note of issue by a date certain. Contrary to the plaintiffs contention, that order had the same effect as a valid 90-day demand under CELR 3216, since it specifically stated that the failure to comply may result
In light of our determination, it is unnecessary to reach the appellant’s remaining contentions. Schmidt, J.P., Cozier, Rivera and Fisher, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.