AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

JULIA EVANS, Respondent, v. GILBERT J. KRINGSTEIN, Appellant.

Ordered that the order is reversed, on the law, with costs, and the motion to restore the action to the trial calendar is denied.

A plaintiff who seeks to restore a case to the trial calendar within a year following its being stricken therefrom must bear the burden of demonstrating, inter alia, the existence of a meritorious cause of action (see, Barton v Jablon, 181 A.D.2d 755; see also, Public Adm'r of County of N.Y. v Heil Corp., 126 A.D.2d 533). The plaintiff has failed to establish this.

The affidavit of the plaintiff's expert is insufficient to establish merit since this affidavit does not "make specific observations as to the procedures or treatments performed or the alleged improprieties therein" (Nepomniaschi v Goldstein, 182 A.D.2d 743, 744). O'Brien, J.P., Santucci, Altman and Goldstein, JJ., concur.

Use AI to get other relevant cases.

Comments

EVANS v. KRINGSTEIN
(Mar 11, 1996)