New York Court of Appeals, 1992

Mosberg v. Elahi

New York Court of Appeals · Decided October 15, 1992

80 N.Y.2d 941; 590 N.Y.S.2d 866; 605 N.E.2d 353; 1992 N.Y. LEXIS 3363

Cases that cite this one

77 later published cases cite this decision. The 25 that cite it most often are listed here.

Public Adm'r, as Adm'r of the Estate of Ronald Simpson v. Levine (Appellate Division of the Supreme Court of New York 2016)
Gotlin v. Lederman (District Court, E.D. New York 2009)
Kresberg v. Kerr (Appellate Division of the Supreme Court of New York 2025)
McLoughlin v. New York Eye Specialists (New York Supreme Court, New York County 2024)
Matthews v. Chaudhri (Appellate Division of the Supreme Court of New York 2020)
ABASCAL, ISIDRO v. STATE OF NEW YORK (Appellate Division of the Supreme Court of New York 2012)
Abascal v. State (Appellate Division of the Supreme Court of New York 2012)
Board of Education v. Christa Construction, Inc. (N.Y. 1993)
Humphries v. Walsh (New York Supreme Court, Saratoga County 2025)
Vashkevich v. Serrano (NYC Civil Court, Kings 2024)
Vashkevich v. Serrano (NYC Civil Court, Kings 2024)
Vashkevich v. Serrano (NYC Civil Court, Kings 2024)
Evans v. New York & Presbyt. Hosp. (Appellate Division of the Supreme Court of New York 2021)
Evans v. New York & Presbyt. Hosp. (Appellate Division of the Supreme Court of New York 2021)
Shah v. Uh (Appellate Division of the Supreme Court of New York 2020)
Talley v. State of New York (Appellate Division of the Supreme Court of New York 2019)
Thompson v. Beth Israel Med. Ctr. (Appellate Division of the Supreme Court of New York 2019)
Marcello v. Flecher (Appellate Division of the Supreme Court of New York 2017)
Gallery v. Messerschmitt (Appellate Division of the Supreme Court of New York 2017)
Calcagno v. Orthopedic Associates of Dutchess County, PC (Appellate Division of the Supreme Court of New York 2017)
Calcagno v. Orthopedic Associates of Dutchess County, PC (Appellate Division of the Supreme Court of New York 2017)
Monzon v. Chiaramonte (Appellate Division of the Supreme Court of New York 2016)
SACHS, MANFRED v. STATE OF NEW YORK (Appellate Division of the Supreme Court of New York 2016)
Sachs v. State (Appellate Division of the Supreme Court of New York 2016)
Sachs v. State (Appellate Division of the Supreme Court of New York 2016)

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 affirmed, with costs.

The party opposing a motion to dismiss for failure to prosecute is obligated to make an evidentiary showing sufficiently demonstrating a "good and meritorious cause of action” (CPLR 3216 [e]; see, Kel Mgt. Corp. v Rogers & Wells, 64 NY2d 904, 905). In medical malpractice actions expert medical opinion evidence is required to demonstrate merit, except as to matters within the ordinary experience and knowledge of laypersons (Fiore v Galang, 64 NY2d 999). We agree with the Appellate Division that plaintiff failed to satisfy these requirements.

*943Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur; Judge Smith taking no part.

Order affirmed, with costs, in a memorandum.

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