Umeze v. Fidelis Care New York
Cases that cite this one
21 later published cases cite this decision.
- Siegel v. Commack School District (Appellate Division of the Supreme Court of New York 2013)
- Siegel v. Commack School District (Appellate Division of the Supreme Court of New York 2013)
- Copeland v. Suffolk County (Appellate Division of the Supreme Court of New York 2025)
- Board of Mgrs. of the Dorchester Towers Condominium v. Hwang (New York Supreme Court, New York County 2024)
- Cintron v. Carter (Appellate Division of the Supreme Court of New York 2024)
- Turner v. Fuchs, Cooperstein & Greengold, LLC (Appellate Division of the Supreme Court of New York 2023)
- Islam v. HPENY Hous. Dev. Fund Co., Inc. (Appellate Division of the Supreme Court of New York 2020)
- Rodriguez v. Diallo (Appellate Division of the Supreme Court of New York 2020)
- Finizio v. Midwest Custom Case, Inc. (Appellate Division of the Supreme Court of New York 2020)
- Ramirez v. Reyes (Appellate Division of the Supreme Court of New York 2019)
- Worldwide Ins. Brokerage Ltd. v. New City Mgt., LLC (Appellate Division of the Supreme Court of New York 2019)
- Austin v. Gould (Appellate Division of the Supreme Court of New York 2018)
- Jedraszak v. County of Westchester (Appellate Division of the Supreme Court of New York 2013)
- Jedraszak v. County of Westchester (Appellate Division of the Supreme Court of New York 2013)
- Furrukh v. Forest Hills Hospital (Appellate Division of the Supreme Court of New York 2013)
- Furrukh v. Forest Hills Hospital (Appellate Division of the Supreme Court of New York 2013)
- Colon v. Papatolis (Appellate Division of the Supreme Court of New York 2012)
- Garcia v. North Shore Long Island Jewish Forest Hills Hospital (Appellate Division of the Supreme Court of New York 2012)
- Garcia v. North Shore Long Island Jewish Forest Hills Hospital (Appellate Division of the Supreme Court of New York 2012)
- Davies v. Baranovich (Appellate Division of the Supreme Court of New York 2011)
- Caraballo v. Montefiore Medical Center (Appellate Division of the Supreme Court of New York 2011)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, defendants’ motion to dismiss the complaint pursuant to CPLR 3216 granted unconditionally, and the certified question answered in the negative.
Supreme Court abused its discretion by declining to grant defendants’ motion to dismiss without condition. Plaintiff failed to establish a (1) justifiable excuse for his failure to timely file a note of issue and (2) meritorious cause of action (see CPLR 3216 [e]; see also Baczkowski v Collins Constr. Co., 89 NY2d 499 [1997]).
*752 Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.