Gratz v. Columbia Presbyterian Hospital

Appellate Division of the Supreme Court of New York

Gratz v. Columbia Presbyterian Hospital

57 A.D.2d 779, 394 N.Y.S.2d 562, 1977 N.Y. App. Div. LEXIS 11943

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

DecidedMay 17, 1977

StatusPublished

This text of 57 A.D.2d 779 (Gratz v. Columbia Presbyterian 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

Gratz v. Columbia Presbyterian Hospital, 57 A.D.2d 779, 394 N.Y.S.2d 562, 1977 N.Y. App. Div. LEXIS 11943 (N.Y. Ct. App. 1977).

Pincite

Opinion

Order, Supreme Court, New York County, entered August 31, 1976, granting defendants’ motions dismissing the action for failure to file a timely notice of issue pursuant to CPLR 3216, unanimously affirmed, without costs and without disbursements. In this medical malpractice and negligence case, there was delay by the plaintiffs in complying with various of the procedural demands upon them. Although the time to comply was extended by stipulation, there was no compliance with the 45-day notice, and when the defendants moved for dismissal for such failure, the opposition asked for an inordinate additional amount of time. Under the circumstances, there was no abuse of discretion in dismissing the action. Concur — Kupferman, J. P., Birns, Evans, Capozzoli and Lane, JJ.

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Order, Supreme Court, New York County, entered August 31, 1976, granting defendants’ motions dismissing the action for failure to file a timely notice of issue pursuant to CPLR 3216, unanimously affirmed, without costs and without disbursements. In this medical malpractice and negligence case, there was delay by the plaintiffs in complying with various of the procedural demands upon them. Although the time to comply was extended by stipulation, there was no compliance with the 45-day notice, and when the defendants moved for dismissal for such failure, the opposition asked for an inordinate additional amount of time. Under the circumstances, there was no abuse of discretion in dismissing the action. Concur — Kupferman, J. P., Birns, Evans, Capozzoli and Lane, JJ.

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Bluebook (online)

57 A.D.2d 779, 394 N.Y.S.2d 562, 1977 N.Y. App. Div. LEXIS 11943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gratz-v-columbia-presbyterian-hospital-nyappdiv-1977.