Grandon v. North Shore Community Hospital

Appellate Division of the Supreme Court of New York

Grandon v. North Shore Community Hospital

284 A.D.2d 373, 725 N.Y.S.2d 894

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

DecidedJune 11, 2001

StatusPublished

This text of 284 A.D.2d 373 (Grandon v. North Shore Community 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

Grandon v. North Shore Community Hospital, 284 A.D.2d 373, 725 N.Y.S.2d 894 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Joseph, J.), entered December 29, 1999, which, inter alia, denied their motion to vacate an order of the same court entered January 26, 1999, dismissing the complaint upon their failure to file a note of issue.

Ordered that the order and judgment is affirmed, with one bill of costs.

In support of their motion to vacate an order dismissing the action, the plaintiffs failed to demonstrate a reasonable excuse for their failure to file a note of issue and t£at a meritorious cause of action existed (see, CPLR 3216 [e]; Neu v Paul Realty Co., 260 AD2d 615; Papadopoulas v R.B. Supply Corp., 152 AD2d 552). Thus, their motion was properly denied. Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.

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—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Joseph, J.), entered December 29, 1999, which, inter alia, denied their motion to vacate an order of the same court entered January 26, 1999, dismissing the complaint upon their failure to file a note of issue.

Ordered that the order and judgment is affirmed, with one bill of costs.

In support of their motion to vacate an order dismissing the action, the plaintiffs failed to demonstrate a reasonable excuse for their failure to file a note of issue and t£at a meritorious cause of action existed (see, CPLR 3216 [e]; Neu v Paul Realty Co., 260 AD2d 615; Papadopoulas v R.B. Supply Corp., 152 AD2d 552). Thus, their motion was properly denied. Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.

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Bluebook (online)

284 A.D.2d 373, 725 N.Y.S.2d 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grandon-v-north-shore-community-hospital-nyappdiv-2001.

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