Duran v. New York City Health & Hospitals Corp.
This text of 74 A.D.3d 1014 (Duran 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.
Opinion
In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings County [1015]*1015(Dabiri, J.), entered May 5, 2009, which, upon an order of the same court dated March 6, 2009, inter alia, granting the defendant’s motion pursuant to CPLR 3216 to dismiss the complaint, and denying that branch of the plaintiffs cross motion which was to extend the time to file the note of issue and certificate of readiness, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the defendant’s motion pursuant to CPLR 3216 to dismiss the complaint, and in denying that branch of the plaintiffs cross motion which was to extend the time to file the note of issue and certificate of readiness (see Rodriguez v Five Towns Nissan, 69 AD3d 833 [2010]; Davis v Cardiovascular Consultants of Long Is., P.C., 65 AD3d 1076 [2009]).
The plaintiffs remaining contentions are without merit. Dillon, J.P., Miller, Chambers and Lott, JJ., concur.
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Cite This Page — Counsel Stack
74 A.D.3d 1014, 902 N.Y.S.2d 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duran-v-new-york-city-health-hospitals-corp-nyappdiv-2010.