Kel Management Corp. v. Rogers & Wells
Cases that cite this one
93 later published cases cite this decision. The 25 that cite it most often are listed here.
- Imperiale v. Prezioso (New York Supreme Court 2004)
- Imperiale v. Prezioso (New York Supreme Court, Bronx County 2004)
- DeSiena v. Maimonides Hospital Center (Appellate Division of the Supreme Court of New York 1990)
- Cummings v. St. Joseph's Hospital Health Center (Appellate Division of the Supreme Court of New York 1987)
- MCINTOSH, JOHN A. v. GENESEE VALLEY LASER CENTRE (Appellate Division of the Supreme Court of New York 2014)
- McIntosh v. Genesee Valley Laser Centre (Appellate Division of the Supreme Court of New York 2014)
- McIntosh v. Genesee Valley Laser Centre (Appellate Division of the Supreme Court of New York 2014)
- Amodeo v. Gellert & Quartararo, P.C. (Appellate Division of the Supreme Court of New York 2006)
- Campbell v. Starre Realty Co. (Appellate Division of the Supreme Court of New York 2001)
- Degen v. Hills Stores Company (Appellate Division of the Supreme Court of New York 1995)
- Ferrara v. Guardino (Appellate Division of the Supreme Court of New York 1990)
- Dwyer v. Gerstel (Appellate Division of the Supreme Court of New York 1988)
- Weis v. Weis (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)
- McMillan v. Ryan (Appellate Division of the Supreme Court of New York 1987)
- Courell v. Kurzner (Appellate Division of the Supreme Court of New York 1986)
- Barker v. Gervera (Appellate Division of the Supreme Court of New York 2023)
- Fawn Second Ave. LLC v. First Am. Tit. Ins. Co. (Appellate Division of the Supreme Court of New York 2021)
- Fawn Second Ave. LLC v. First Am. Tit. Ins. Co. (Appellate Division of the Supreme Court of New York 2021)
- Gear Up, Inc. v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- ROBERTS, SHNEIKA M. v. NORTHINGTON, ELVIRA A. (Appellate Division of the Supreme Court of New York 2015)
- Carducci v. Russell (Appellate Division of the Supreme Court of New York 2014)
- DUNLOP, EVA E. v. SAINT LEO THE GREAT R.C. CHURCH (Appellate Division of the Supreme Court of New York 2013)
- BERGES, JUDITH A. v. PFIZER, INC. (Appellate Division of the Supreme Court of New York 2013)
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 reversed, with costs, and the motion to dismiss the complaint granted unconditionally.
This court has previously held that a party opposing a CPLR 3012 (b) motion to dismiss based upon law office failure is obligated to submit an affidavit of merit containing evidentiary facts sufficient to establish a prima facie case. (Canter v Mulnick, 60 NY2d 689.) Here, plaintiffs served the complaint upon defendant more than three and one-half months past the statutorily required date, and when faced with a CPLR 3012 (b) motion to dismiss, failed to submit an affidavit of merit. Because of this deficiency, it was error, as a matter of law, not to grant the motion to dismiss without condition. (Stolowitz v Mount Sinai Hosp., 60 NY2d 685, 686; Amodeo v Radler, 59 NY2d 1001; Barasch v Micucci, 49 NY2d 594, 599.) In view of this disposition, we express no view as to the merits of either plaintiffs’ underlying claim or proffered justifications for belated service of its complaint.
Question certified answered in the negative.
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.