New York Court of Appeals

Alan S. Stolowitz v. Mount Sinai Hospital

September 29, 198360 N.Y.2d 685

Summary

The Court of Appeals modified the Appellate Division's order, granting the defendant's motion to dismiss unconditionally because the plaintiff failed to serve the complaint within nine months and did not submit an affidavit of merits, and affirmed the modified order with costs to the appellant.