Frerk v. Mercy Hosp.

Decision Date03 July 1984
Citation479 N.Y.S.2d 519,63 N.Y.2d 635
Parties, 468 N.E.2d 701 Max W. FRERK, Appellant, v. MERCY HOSPITAL, Respondent.
CourtNew York Court of Appeals Court of Appeals

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs (seeParker v. Mack, 61 N.Y.2d 114, 472 N.Y.S.2d 882, 460 N.E.2d 1316).99 A.D.2d 504, 470 N.Y.S.2d 673.

COOKE, C.J., and JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE, JJ., concur.

JASEN and MEYER, JJ., on constraint of Parker v. Mack(61 N.Y.2d 114, 472 N.Y.S.2d 882, 460 N.E.2d 1316).

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13 cases
  • Jemison v. Crichlow
    • United States
    • New York Supreme Court — Appellate Division
    • July 18, 1988
    ...summons, dated April 9, 1986, which includes a brief notice as to the nature of the action (see, CPLR 305[b]; Frerk v. Mercy Hosp., 63 N.Y.2d 635, 479 N.Y.S.2d 519, 468 N.E.2d 701). Crichlow does not contend that Kings County is not his place of business, and acknowledges that he was subseq......
  • Long Island Citizens Campaign, Inc. v. County of Nassau
    • United States
    • New York Supreme Court — Appellate Division
    • February 11, 1991
    ...815, aff'd 64 N.Y.2d 849, 487 N.Y.S.2d 323, 476 N.E.2d 649; Frerk v. Mercy Hosp., 99 A.D.2d 504, 470 N.Y.S.2d 673, aff'd 63 N.Y.2d 635, 479 N.Y.S.2d 519, 468 N.E.2d 701; see also, Parker v. Mack, 61 N.Y.2d 114, 472 N.Y.S.2d 882, 460 N.E.2d 1316 [CPLR 304 must be read together with the requi......
  • Martin v. Adler
    • United States
    • New York Supreme Court
    • May 1, 1987
    ... ... Frerk v ... Mercy Hospital, 99 A.D.2d 504, 470 N.Y.S.2d 673 (2d Dept.1984); aff'd, 63 N.Y.2d 635, 479 ... ...
  • Farkas v. Tarrytown Lumber, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • August 31, 1987
    ...), were subject to dismissal (see, Parker v. Mack, supra; Frerk v. Mercy Hosp., 99 A.D.2d 504, 470 N.Y.S.2d 673, affd. 63 N.Y.2d 635, 479 N.Y.S.2d 519, 468 N.E.2d 701). Moreover, Special Term properly disregarded the technical defect of the defendant's motion papers, i.e., the mistaken reli......
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