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MANOUEL v. DEMBIN

Index No. 155675/17. Appeal No. 15201. Case No. 2021-02247.

202 A.D.3d 441 (2022)

158 N.Y.S.3d 587

2022 NY Slip Op 00725

Mehran Manouel, M.D., Appellant, v. Nathan L. Dembin et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 3, 2022.

Attorney(s) appearing for the Case

Richard Pu , New York, for appellant.

O'Toole Scrivo, LLC, New York ( Young Yu of counsel), for Nathan L. Dembin and Nathan L. Dembin & Associates, P.C., respondents.

Ralph A. Erbaio, Jr., respondent pro se.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

Plaintiff fails to articulate any persuasive basis to disturb the motion court's order. Although defendant Ralph Erbaio moved for summary judgment more than 120 days after the note of issue was filed, his motion was timely in light of the pandemic-related Executive Orders tolling motion deadlines (CPLR 3212[a]; Executive Order [A. Cuomo] Nos. 202.8, 202.67 [9 NYCRR 8.202.8, 8.202.67]). The motion court applied the proper standard of care to defendants in this legal malpractice...

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