1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 2 A.D.3d
  5. 2 A.D.3d 412 (2003)
 

LUCIOUS v. RUTLAND NURSING HOME OF KINGSBROOK JEWISH MEDICAL CENTER

2 A.D.3d 412 (2003)

767 N.Y.S.2d 792

SONYIA LUCIOUS, Respondent, v. RUTLAND NURSING HOME OF KINGSBROOK JEWISH MEDICAL CENTER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 2003.

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, CPLR 3404 does not apply to this pre-note of issue case (see Lopez v Imperial Delivery Serv., 282 A.D.2d 190 [2001]). Furthermore, there was no 90-day notice pursuant to CPLR 3216, nor was there an order dismissing the complaint pursuant to 22 NYCRR 202.27. Accordingly, the Supreme Court properly granted the plaintiff's motion to "restore...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases