Stolowitz v. Mount Sinai Hosp., 455 N.E.2d 1255 (NY 1983). · Go Syfert
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Stolowitz v. Mount Sinai Hosp., 455 N.E.2d 1255 (NY 1983). Cases Citing This Book View Copy Cite
52 citation events (4 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Stukas v. Streiter
N.Y. App. Div. · 2011 · confidence medium
Rather, each of those cases involved a default by the plaintiff, which could only be vacated upon the plaintiffs filing of an affidavit of merit, in which every element of medical malpractice—including proximate cause—would have to be established (see Salch v Paratore, 60 NY2d 851, 852 [1983] [“plaintiffs failure to file an affidavit of merit() mandates affirmance of the Appellate Division’s dismissal for failure timely to serve and file a note of issue”]; Canter v Mulnick, 60 NY2d 689, 691 [1983] [“The Appellate Division correctly held that the plaintiffs’ affidavit failed to es…
cited Cited as authority (rule) Mufalli v. Ford Motor Co.
N.Y. App. Div. · 1984 · confidence medium
“Because of this deficiency it was error as a matter of law not to grant the motion to dismiss without condition.” (Stolowitz v Mount Sinai Hosp., 60 NY2d, at p 686.)
cited Cited as authority (rule) Reilly v. Lopez Publications, Inc.
N.Y. App. Div. · 1984 · confidence medium
(Amodeo v Radler, 59 NY2d 1001 ; Barasch v Micucci, 49 NY2d 594, 599 ; Sortino v Fisher, 20 AD2d 25,31-32 .)” (Stolowitz v Mount Sinai Hosp., 60 NY2d 685, 686.) Concur — Ross, J.
cited Cited "see" Fasano v. J.C. Penney Corp.
N.Y. App. Div. · 2009 · signal: see · confidence high
Corp. v Rogers & Wells, 64 NY2d 904, 905 [1985]; see Stolowitz v Mount Sinai Hosp., 60 NY2d 685 [1983]).
discussed Cited "see" Luksic v. Killmer
N.Y. App. Div. · 1984 · signal: see · confidence high
In addition, counsel simply alleged that plaintiff had a good and meritorious case since defendant’s motorcycle had collided with the rear end of plaintiff’s motorcycle. 11 Based upon the foregoing facts which were before Special Term, it was an abuse of discretion for the court not to unconditionally grant defendant’s motion to dismiss the action (CPLR 3012, subd [b]; see Stolowitz v Mount Sinai Hosp., 60 NY2d 685; Bankers Trust Hudson Val. v Bressman, 84 AD2d 555 , affd 56 NY2d 565 ).
discussed Cited "see, e.g." Pack v. Saldana
N.Y. App. Div. · 1991 · signal: see also · confidence low
Since plaintiff’s papers do not contain either an affidavit of merit or provide any reasonable excuse for not attempting to enter a default judgment within one year, her complaint should have been dismissed as abandoned under CPLR 3215 (c) (Taylor v Edison Parking Corp., 128 AD2d 605 ; see also, Stolowitz v Mount Sinai Hosp., 60 NY2d 685 ).
cited Cited "see, e.g." Done v. May
N.Y. App. Div. · 1989 · signal: see also · confidence low
Corp. v Rogers & Wells, 64 NY2d 904, 905 ; see also, Stolowitz v Mount Sinai Hosp., 60 NY2d 685, 686 ; McMillan v Ryan, 135 AD2d 1104 , Iv denied 71 NY2d 802 ; Cummings v St.
cited Cited "see, e.g." McMillan v. Ryan
N.Y. App. Div. · 1987 · signal: see also · confidence low
Corp. v Rogers & Wells, 64 NY2d 904, 905 ; see also, Stolowitz v Mount Sinai Hosp., 60 NY2d 685 ; Cummings v St.
cited Cited "see, e.g." Cummings v. St. Joseph's Hospital Health Center
N.Y. App. Div. · 1987 · signal: see also · confidence low
Corp. v Rogers & Wells, 64 NY2d 904, 905 ; see also, Stolowitz v Mount Sinai Hosp., 60 NY2d 685, 686 ).
discussed Cited "see, e.g." Sammons v. Freer
NY · 1984 · signal: see also · confidence low
OPINION OF THE COURT On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 99 AD2d 896 ; see, also, Stolowitz v Mount Sinai Hosp., 60 NY2d 685 ).
Retrieving the full opinion text from the archive…
Alan S. Stolowitz
v.
Mount Sinai Hospital
New York Court of Appeals.
Sep 29, 1983.
455 N.E.2d 1255
APPEARANCES OF COUNSEL, Lissa Griffin, Ignatius John Melito and Thomas R. Newman for appellant., Douglas E. McKeon and John J. Tullman for respondents.
Cited by 48 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs to appellant, and the motion to dismiss the complaint granted unconditionally.

On this motion by defendant to dismiss the action for the failure of plaintiff for a period of nine months to serve a complaint, plaintiff concedes, as he must, that no affidavit of merits was submitted. Because of this deficiency it was error as a matter of law not to grant the motion to dismiss without condition. (Amodeo v Radler, 59 NY2d 1001; Barasch v Micucci, 49 NY2d 594, 599; Sortino v Fisher, 20 AD2d 25, 31-32.)

In view of this disposition we have no occasion to address the contentions of the parties as to the reasonableness of the proffered excuse for the delay in serving the complaint.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Simons and Kaye concur; Judge Meyer taking no part.

Order modified, with costs to appellant, in accordance with the memorandum herein and, as so modified, affirmed. Question certified answered in the negative.