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Jacoby v. Veloso

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1990
162 A.D.2d 501 (N.Y. App. Div. 1990)

Opinion

June 11, 1990

Appeal from the Supreme Court, Richmond County (Amann, J.).


Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is denied, the action is reinstated, and the parties are directed to complete disclosure as quickly as possible.

The Supreme Court improvidently exercised its discretion by granting the defendant doctor's motion to dismiss the plaintiffs' medical malpractice action on account of the plaintiffs' failure to serve a CPLR 3012-a certificate of merit with the complaint.

The sanction of dismissal for a violation of CPLR 3012-a is not authorized by statute or rule (Kolb v. Strogh, 158 A.D.2d 15 [decided herewith]; see also, Tewari v. Tsoutsouras, 75 N.Y.2d 1). Moreover, dismissal is unwarranted in the present case since the plaintiff belatedly provided the equivalent of notice pursuant to CPLR 3012-a in her papers in opposition to the motion.

Both parties are guilty of delay in proceeding to trial and are directed to complete pretrial disclosure as quickly as possible. Kooper, J.P., Harwood, Rosenblatt and Miller, JJ., concur.


Summaries of

Jacoby v. Veloso

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1990
162 A.D.2d 501 (N.Y. App. Div. 1990)
Case details for

Jacoby v. Veloso

Case Details

Full title:BETTY JACOBY et al., Appellants, v. MANUEL A. VELOSO, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 11, 1990

Citations

162 A.D.2d 501 (N.Y. App. Div. 1990)
556 N.Y.S.2d 829

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