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Amodeo v. Radler

Court of Appeals of the State of New York
Jul 7, 1983
59 N.Y.2d 1001 (N.Y. 1983)

Summary

In Amodeo, a case involving the issue of whether the Plaintiff established an excusable default and a meritorious cause of action, the Court of Appeals affirmed a finding by the Appellate Division that the Plaintiff was required to submit an affidavit from a medical expert to establish a meritorious cause of action.

Summary of this case from Dunetz v. Melamed

Opinion

Argued June 8, 1983

Decided July 7, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH S. CALABRETTA, J.

James L. Fischer, Thomas W. Hyland, John W. Manning and Robert F. DiUbaldo for appellants.

E. Richard Rimmels, Jr., for respondent.


MEMORANDUM.

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

We agree with the Appellate Division that plaintiffs failed to establish any merit to their cause of action. Failing that, it was proper for the court to grant defendant's motion for summary judgment. ( Indig v Finkelstein, 23 N.Y.2d 728.)

It is thus unnecessary for us, at this time, to address the recently enacted amendments to the CPLR to allow the lower courts to exercise discretion "to excuse delay or default resulting from law office failure." (CPLR 2005, 3012, subd [d].)

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Amodeo v. Radler

Court of Appeals of the State of New York
Jul 7, 1983
59 N.Y.2d 1001 (N.Y. 1983)

In Amodeo, a case involving the issue of whether the Plaintiff established an excusable default and a meritorious cause of action, the Court of Appeals affirmed a finding by the Appellate Division that the Plaintiff was required to submit an affidavit from a medical expert to establish a meritorious cause of action.

Summary of this case from Dunetz v. Melamed
Case details for

Amodeo v. Radler

Case Details

Full title:ANTHONY AMODEO et al., Appellants, v. BRUCE RADLER, Respondent, et al.…

Court:Court of Appeals of the State of New York

Date published: Jul 7, 1983

Citations

59 N.Y.2d 1001 (N.Y. 1983)
466 N.Y.S.2d 953
453 N.E.2d 1242

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