Stolowitz v. Mount Sinai Hospital
Cases that cite this one
48 later published cases cite this decision. The 25 that cite it most often are listed here.
- Stukas v. Streiter (Appellate Division of the Supreme Court of New York 2011)
- McNamara v. Past Time Pub, Inc. (Appellate Division of the Supreme Court of New York 1984)
- Mufalli v. Ford Motor Co. (Appellate Division of the Supreme Court of New York 1984)
- Fasano v. J.C. Penney Corp. (Appellate Division of the Supreme Court of New York 2009)
- Porter v. Beaulieu (Appellate Division of the Supreme Court of New York 2001)
- Caruso v. International House of Pancakes (Appellate Division of the Supreme Court of New York 1996)
- Redding v. Saunders (Appellate Division of the Supreme Court of New York 1995)
- Degen v. Hills Stores Company (Appellate Division of the Supreme Court of New York 1995)
- Rosano v. County of Nassau (Appellate Division of the Supreme Court of New York 1994)
- Young v. Mary Imogene Bassett Hospital (Appellate Division of the Supreme Court of New York 1993)
- Sanders v. Van Dome Management (Appellate Division of the Supreme Court of New York 1993)
- Tauber v. Wald (Appellate Division of the Supreme Court of New York 1991)
- Buono v. Makita U.S.A., Inc. (Appellate Division of the Supreme Court of New York 1991)
- Pack v. Saldana (Appellate Division of the Supreme Court of New York 1991)
- Done v. May (Appellate Division of the Supreme Court of New York 1989)
- Santangelo v. Raskin (Appellate Division of the Supreme Court of New York 1988)
- Niedermeier v. Nassau County Department of Social Services (Appellate Division of the Supreme Court of New York 1988)
- 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)
- Preferred Mutual Insurance v. Walter J. Socha Builders, Inc. (Appellate Division of the Supreme Court of New York 1987)
- Sailer v. Contarino (Appellate Division of the Supreme Court of New York 1987)
- Varanelli v. County of Suffolk (Appellate Division of the Supreme Court of New York 1987)
- Cummings v. St. Joseph's Hospital Health Center (Appellate Division of the Supreme Court of New York 1987)
- Jones v. TSS Seedman's Inc. (Appellate Division of the Supreme Court of New York 1987)
- McMillan v. Ryan (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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified, with costs to appellant, and the motion to dismiss the complaint granted unconditionally.
On this motion by defendant to dismiss the action for the failure of plaintiff for a period of nine months to serve a complaint, plaintiff concedes, as he must, that no affidavit of merits was submitted. Because of this deficiency it was error as a matter of law not to grant the motion to dismiss without condition. (Amodeo v Radler, 59 NY2d 1001; Barasch v Micucci, 49 NY2d 594, 599; Sortino v Fisher, 20 AD2d 25, 31-32.)
In view of this disposition we have no occasion to address the contentions of the parties as to the reasonableness of the proffered excuse for the delay in serving the complaint.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Simons and Kaye concur; Judge Meyer taking no part.
Order modified, with costs to appellant, in accordance with the memorandum herein and, as so modified, affirmed. Question certified answered in the negative.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.