Brown v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Brown v. New York City Health & Hospitals Corp.

194 A.D.2d 706, 601 N.Y.S.2d 802, 1993 N.Y. App. Div. LEXIS 6450

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

DecidedJune 21, 1993

StatusPublished

This text of 194 A.D.2d 706 (Brown v. New York City Health & Hospitals Corp.) 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

Brown v. New York City Health & Hospitals Corp., 194 A.D.2d 706, 601 N.Y.S.2d 802, 1993 N.Y. App. Div. LEXIS 6450 (N.Y. Ct. App. 1993).

Pincite

Opinion

—In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Scholnick, J.), dated April 9, 1991, which denied its motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

Since the plaintiff failed to seek a default judgment within one year, she was required to demonstrate the merits of her cause of action and an excuse for the delay (see, CPLR 3215 [c]; Manago v Giorlando, 143 AD2d 646). We find that the [707]*707excuse proffered by the plaintiff for the delay was inadequate. Balletta, J. P., Eiber, O’Brien and Pizzuto, JJ., concur.

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—In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Scholnick, J.), dated April 9, 1991, which denied its motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

Since the plaintiff failed to seek a default judgment within one year, she was required to demonstrate the merits of her cause of action and an excuse for the delay (see, CPLR 3215 [c]; Manago v Giorlando, 143 AD2d 646). We find that the [707]*707excuse proffered by the plaintiff for the delay was inadequate. Balletta, J. P., Eiber, O’Brien and Pizzuto, JJ., concur.

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Bluebook (online)

194 A.D.2d 706, 601 N.Y.S.2d 802, 1993 N.Y. App. Div. LEXIS 6450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-new-york-city-health-hospitals-corp-nyappdiv-1993.

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