Marabella v. Lundy, 454 N.E.2d 122 (NY 1983). · Go Syfert
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Marabella v. Lundy, 454 N.E.2d 122 (NY 1983). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Brann v. City of New York (nyappdiv, 1983-08-29)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Brann v. City of New York
N.Y. App. Div. · 1983 · signal: see also · confidence low
Since no excuse was offered in opposition to the hospital’s initial motion — lack of prejudice to Parkway Hospital not being an excuse — and no affidavit of merit was submitted, Special Term correctly granted the motion to dismiss the complaint (Amodeo v Radler, 89 AD2d 594 , affd 59 NY2d 1001 ; see, also, Marabella v Lundy, 60 NY2d 581 ).
Retrieving the full opinion text from the archive…
Louis A. Marabella, Appellant,
v.
Timothy Lundy Et Al., Respondents, Et Al., Defendant
New York Court of Appeals.
Jul 12, 1983.
454 N.E.2d 122
APPEARANCES OF COUNSEL, Solomon Abrahams for appellant., Joseph J. Buderwitz, Jr., for respondents.
Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons Concur.
Cited by 5 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with cost.

We need not consider the recent amendments to the CPLR allowing the lower courts to exercise discretion “to excuse delay or default resulting from law office failure” (CPLR 2005, 3012, subd [d]), for we agree with the Appellate Division that plaintiff’s papers failed to establish the merit of the cause of action as required by 22 NYCRR 675.5 (b).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.