Appellate Division of the Supreme Court of New York, 2011

Tejeda v. Dyal

Appellate Division of the Supreme Court of New York · Decided April 19, 2011

83 A.D.3d 539; 920 N.Y.S.2d 662

Cases that cite this one

5 later published cases cite this decision.

Tejeda v. Dyal (Appellate Division of the Supreme Court of New York 2015)
Stewart v. Makhani (Appellate Division of the Supreme Court of New York 2017)
Turner v. City of New York (Appellate Division of the Supreme Court of New York 2017)
Bradley v. Konakanchi (Appellate Division of the Supreme Court of New York 2017)
Rodriguez v. Big Ben Associates I (Appellate Division of the Supreme Court of New York 2012)

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

Judgment, Supreme Court, Bronx County (Edgar G. Walker, J.), entered October 6, 2009, dismissing the complaint alleging medical malpractice, and bringing up for review an order, same court and Justice, entered July 15, 2009, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3404, unanimously reversed, on the law, without costs, the judgment vacated, and the motion denied.

*540Dismissal of this action pursuant to CPLR 3404 was improper. Here, when the note of issue was previously vacated, the case reverted to its pre-note of issue status, thereby rendering CPLR 3404 inapplicable (see Sellitto v Women’s Health Care Specialists, 58 AD3d 828 [2009]; Johnson v Minskoff & Sons, 287 AD2d 233 [2001]). Defendants’ avenues to dismiss this pre-note of issue case are limited to CPLR 3216 and 22 NYCRR 202.27. The latter is inapplicable to the facts herein, and defendants failed to comply with the preconditions of the former (see Johnson at 237-238). Concur—Andrias, J.P., Saxe, Moskowitz, Richter and Manzanet-Daniels, JJ.

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