Justia Medical Malpractice Opinion Summaries

This case arose when plaintiffs commenced a medical malpractice suit against defendants for injuries allegedly sustained by Mrs. Cadichon during surgery in July 2002. At issue on appeal was the May 3, 2007 stipulation. The court subsequently concluded that it was apparent from the record that neither plaintiffs nor defendants acted with expediency in moving the case forward. Where, as here, the case proceeded to the point where it was subject to dismissal, it should be the trial court, with notice to the parties, that should make the decision concerning the fate of the case, not the clerk's office. Therefore, the order of the Appellate Division, insofar as appealed from, was reversed and plaintiffs' complaint reinstated. View "Cadichon v Facelle" on Justia Law

This case arose when plaintiffs commenced a medical malpractice action against defendants. At issue was whether the five-day extension under CPLR 2103(b)(2) applied to the 15-day time period prescribed by CPLR 511(b) to move for change of venue when a defendant served its demand for change of venue by mail. The court held that, in this instance, defendants who served their motion papers by mail 20 days after they served their demand to change venue were entitled to a five-day extension of the 15-day period prescribed in CPLR 511(2). Accordingly, the order of the Appellate Division was reversed and the case remitted for further proceedings. View "Simon v. Usher" on Justia Law