Juliette DeJoie Cadichon v. Thomas Facelle, M.D.

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the plaintiffs' medical malpractice complaint, holding that a dismissal under CPLR 3216 requires a formal court order and cannot be effected ministerially without notice. The Court found the plaintiffs had not shown a justifiable excuse for missing the 90‑day note‑of‑issue deadline and that the lower courts erred in treating the clerk’s dismissal as valid.