TEWARI v. TSOUTSOURAS


75 N.Y.2d 1 (1989)

Phyllis Tewari, Individually and as Administratrix of The Estate of Jennifer Tewari, Deceased, Appellant, v. Steven Tsoutsouras, Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1989.


Attorney(s) appearing for the Case

Brian J. Shoot, Charles J. Nolet, Jr., and Leslie Schneider for appellant.

Joseph D. Furlong, Stephen W. O'Leary, Sr., and Stephen W. O'Leary, Jr., for respondent.

Cory C. Kirchert for Albany Medical Center Hospital and others, amici curiae.

Judges KAYE, TITONE and HANCOCK, JR., concur with Judge ALEXANDER; Judge KAYE concurs in a concurring opinion in which Judge HANCOCK, JR., also concurs; Judge SIMONS dissents and votes to affirm in another opinion; Chief Judge WACHTLER and Judge BELLACOSA taking no part.


ALEXANDER, J.

In 1985, as part of a comprehensive reform of medical malpractice, the Legislature enacted CPLR 3406 (a) which requires plaintiffs to file a "notice of dental, medical or podiatric malpractice action"1 within 60 days of joinder of issue. As a sanction for her failure to timely file this notice, the Appellate Division dismissed the plaintiff's complaint. We now reverse...

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