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

EDWARD VANEK, JR., Respondent, v. MERCY HOSPITAL et al., Appellants, et al., Defendants

Ordered that the order is reversed, with costs, the plaintiff's cross motion is denied with leave to resubmit the cross motion upon proper notice within 30 days after service upon the plaintiff of a copy of this decision and order, with notice of entry, and the matter is remitted to the Supreme Court, Nassau County, for a new determination on the appellants' respective motion and cross motion, and the plaintiff's cross motion, if resubmitted.

The trial court lacked jurisdiction to entertain the plaintiff's cross motion based on his failure to comply with the notice provisions of CPLR 2215 and 2103 (see, Matter of Beck v Goodday, 24 A.D.2d 1016; Morabito v Champion Swimming Pool Corp., 18 A.D.2d 706; Silverman v Silverman, 261 App. Div. 1106). Accordingly, under the circumstances of this case, the order is reversed with leave to the plaintiff to resubmit his cross motion upon proper notice and the matter is remitted to the Supreme Court for a new determination on the appellants' respective motion and cross motion and the plaintiff's cross motion, if resubmitted. Mangano, J.P., Lawrence, Weinstein and Rubin, JJ., concur.

Use AI to get other relevant cases.

Comments

VANEK v. MERCY HOSPITAL
(Dec 21, 1987)