Gregory v. Starace

Appellate Division of the Supreme Court of New York

Gregory v. Starace

264 A.D.2d 465, 693 N.Y.S.2d 461, 1999 N.Y. App. Div. LEXIS 8821

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

DecidedAugust 23, 1999

StatusPublished

This text of 264 A.D.2d 465 (Gregory v. Starace) 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

Gregory v. Starace, 264 A.D.2d 465, 693 N.Y.S.2d 461, 1999 N.Y. App. Div. LEXIS 8821 (N.Y. Ct. App. 1999).

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Opinion

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated April 21, 1998, which denied her motion for leave to vacate a judgment of the same court, entered February 9, 1998, that, upon a ruling granting the motion of the defendant made at the close of the plaintiffs case to dismiss the complaint for failure to prove a prima facie case, dismissed the complaint.

Ordered that the order is affirmed, with costs.

At the close of the plaintiffs evidence at trial, the court granted a motion by the defendant to dismiss the complaint. The plaintiff did not appeal from the judgment entered upon the granting of that motion. Rather, the plaintiff appeals from the court’s denial of her motion to vacate the judgment. However, on the record presented, which does not include a transcript of the trial, it cannot be said that the court improvidently exercised its discretion in denying the plaintiffs motion (see, CPLR 5015). Ritter, J. P., Joy, Altman and Smith, JJ., concur.

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In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated April 21, 1998, which denied her motion for leave to vacate a judgment of the same court, entered February 9, 1998, that, upon a ruling granting the motion of the defendant made at the close of the plaintiffs case to dismiss the complaint for failure to prove a prima facie case, dismissed the complaint.

Ordered that the order is affirmed, with costs.

At the close of the plaintiffs evidence at trial, the court granted a motion by the defendant to dismiss the complaint. The plaintiff did not appeal from the judgment entered upon the granting of that motion. Rather, the plaintiff appeals from the court’s denial of her motion to vacate the judgment. However, on the record presented, which does not include a transcript of the trial, it cannot be said that the court improvidently exercised its discretion in denying the plaintiffs motion (see, CPLR 5015). Ritter, J. P., Joy, Altman and Smith, JJ., concur.

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Bluebook (online)

264 A.D.2d 465, 693 N.Y.S.2d 461, 1999 N.Y. App. Div. LEXIS 8821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-starace-nyappdiv-1999.