Bogoff v. Mount Sinai Hospital

Appellate Division of the Supreme Court of New York

Bogoff v. Mount Sinai Hospital

85 A.D.2d 581, 445 N.Y.S.2d 456, 1981 N.Y. App. Div. LEXIS 16373

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 1981

StatusPublished

Cited by3 cases

This text of 85 A.D.2d 581 (Bogoff v. Mount Sinai Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bogoff v. Mount Sinai Hospital, 85 A.D.2d 581, 445 N.Y.S.2d 456, 1981 N.Y. App. Div. LEXIS 16373 (N.Y. Ct. App. 1981).

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Opinion

Order, Supreme Court, New York County (Maresca, J.) entered April 21,1981, dismissing the action for failure to prosecute pursuant to CPLR 3216, reversed, on the law and the facts and in the exercise of discretion, with costs, and the motion denied on the condition that the attorneys for the plaintiffs-appellants pay $500 in costs equally to the defendants within 20 days after service of a copy of the order to be entered hereon with notice of entry, failing which the order is affirmed, with costs. The plaintiffs failed to file an affidavit of merit in response to the defendants’ motion to dismiss, and therefore the court at Special Term granted the motion. However, a bill of particulars in the record indicates merit to the claim in a degree sufficient to satisfy CPLR 3216. The plaintiffs have been lax in prosecuting the action, but the defendants have been un-co-operative in disclosure. Under the circumstances, the imposition of costs against counsel for the plaintiffs will suffice, in accordance with the general policy of seeking to dispose of cases on the merits. (See Neyra Y Alba v Pelham Foods, 46 AD2d 760.) Concur — Murphy, P. J., Kupferman, Sandler, Markewich and Lupiano, JJ.

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Order, Supreme Court, New York County (Maresca, J.) entered April 21,1981, dismissing the action for failure to prosecute pursuant to CPLR 3216, reversed, on the law and the facts and in the exercise of discretion, with costs, and the motion denied on the condition that the attorneys for the plaintiffs-appellants pay $500 in costs equally to the defendants within 20 days after service of a copy of the order to be entered hereon with notice of entry, failing which the order is affirmed, with costs. The plaintiffs failed to file an affidavit of merit in response to the defendants’ motion to dismiss, and therefore the court at Special Term granted the motion. However, a bill of particulars in the record indicates merit to the claim in a degree sufficient to satisfy CPLR 3216. The plaintiffs have been lax in prosecuting the action, but the defendants have been un-co-operative in disclosure. Under the circumstances, the imposition of costs against counsel for the plaintiffs will suffice, in accordance with the general policy of seeking to dispose of cases on the merits. (See Neyra Y Alba v Pelham Foods, 46 AD2d 760.) Concur — Murphy, P. J., Kupferman, Sandler, Markewich and Lupiano, JJ.

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Bluebook (online)

85 A.D.2d 581, 445 N.Y.S.2d 456, 1981 N.Y. App. Div. LEXIS 16373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogoff-v-mount-sinai-hospital-nyappdiv-1981.

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