Davis v. Huntington Hospital

Appellate Division of the Supreme Court of New York

Davis v. Huntington Hospital

87 A.D.2d 834, 449 N.Y.S.2d 271, 1982 N.Y. App. Div. LEXIS 16299

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

DecidedApril 12, 1982

StatusPublished

This text of 87 A.D.2d 834 (Davis v. Huntington 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

Davis v. Huntington Hospital, 87 A.D.2d 834, 449 N.Y.S.2d 271, 1982 N.Y. App. Div. LEXIS 16299 (N.Y. Ct. App. 1982).

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Opinion

— In a medical malpractice action, defendant appeals from an order of the Supreme Court, Suffolk County (Robbins, J.), dated June 11,1981, which conditionally granted plaintiffs’ motion to vacate an earlier order of the same court, dated April 22, 1981, which had granted defendant’s motion to dismiss the complaint. Order reversed, on the law, with $50 costs and disbursements, motion denied, and order dated April 22, 1981 dismissing the complaint is reinstated. Plaintiffs failed to make an adequate showing of either excuse for their defaults or merit [835]*835to their causes of action. Special Term’s vacatur of its earlier order of dismissal therefore constituted an improvident exercise of its discretion (see Barasch v Micueci, 49 NY2d 594). Damiani, J. P., Gibbons, O’Connor and Boyers, JJ., concur.

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— In a medical malpractice action, defendant appeals from an order of the Supreme Court, Suffolk County (Robbins, J.), dated June 11,1981, which conditionally granted plaintiffs’ motion to vacate an earlier order of the same court, dated April 22, 1981, which had granted defendant’s motion to dismiss the complaint. Order reversed, on the law, with $50 costs and disbursements, motion denied, and order dated April 22, 1981 dismissing the complaint is reinstated. Plaintiffs failed to make an adequate showing of either excuse for their defaults or merit [835]*835to their causes of action. Special Term’s vacatur of its earlier order of dismissal therefore constituted an improvident exercise of its discretion (see Barasch v Micueci, 49 NY2d 594). Damiani, J. P., Gibbons, O’Connor and Boyers, JJ., concur.

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Bluebook (online)

87 A.D.2d 834, 449 N.Y.S.2d 271, 1982 N.Y. App. Div. LEXIS 16299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-huntington-hospital-nyappdiv-1982.

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