Hopkins v. Ratzan

Full title: JEFFREY HOPKINS, Respondent, v. SANFORD A. RATZAN, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 27, 1981

83 A.D.2d 624 (N.Y. App. Div. 1981)

Opinion

July 27, 1981

In a medical malpractice action, defendant appeals from an order of the Supreme Court, Suffolk County (Murphy, J.), dated October 28, 1980, which, inter alia, denied his motion to dismiss the complaint based on the plaintiff's failure to comply with a conditional order of preclusion directing the service of a bill of particulars. Order affirmed, with $50 costs and disbursements. No opinion. Cohalan, Margett and O'Connor, JJ., concur.

Mangano, J.P., and Bracken, J., dissent and vote to reverse the order and grant the defendant's motion, with the following memorandum:

In the absence of a showing of merit and a reasonable excuse for the delay, it was error for Special Term to deny the defendant's motion (see Barasch v. Micucci, 49 N.Y.2d 594).