Borgia v. Interboro General Hospital

451 N.E.2d 483, 59 N.Y.2d 802, 464 N.Y.S.2d 736, 1983 N.Y. LEXIS 3139

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

While a disabling illness may excuse an attorney’s delay in serving a complaint, in this case the default occurred well after the illness and therefore the default was not excused. Accordingly, the Appellate Division did not abuse its discretion in granting defendants’ motion to dismiss the complaint.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.