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Tewari v. Tsoutsouras

75 N.Y.2d 1, 550 N.Y.S.2d 572, 549 N.E.2d 1143 (1989)

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Tewari v. Tsoutsouras

New York Court of Appeals
75 N.Y.2d 1, 550 N.Y.S.2d 572, 549 N.E.2d 1143 (1989)

Facts

Phyllis Tewari (plaintiff) sued Dr. Steven Tsoutsouras (defendant) for medical malpractice. Tsoutsouras answered and sought discovery from Tewari. Tewari neither responded to the discovery requests nor filed a notice of medical-malpractice action as required by Civil Practice Law and Rules (CPLR) § 3406(a). Tsoutsouras moved to dismiss Tewari’s complaint for her failure to file a § 3406(a) notice. In response, Tewari sought to explain her discovery delay, claimed that she did not deliberately violate § 3406(a), and moved for a filing-deadline extension. The supreme court denied Tsoutsouras’s dismissal motion. The appellate division reversed, ruling that Tewari was not entitled to an extension because her failure to comply with § 3406(a) was an unexcused pleading defect. The appellate division thus dismissed Tewari’s suit. Tewari appealed.

Rule of Law

Issue

Holding and Reasoning (Alexander, J.)

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