Jenkins v. Brookdale Hospital Medical Center

Appellate Division of the Supreme Court of New York

Jenkins v. Brookdale Hospital Medical Center

200 A.D.2d 611, 608 N.Y.S.2d 849, 1994 N.Y. App. Div. LEXIS 378

Appellate Division of the Supreme Court of the State of New York·Decided January 18, 1994·Published

Opinion

—In an action, inter alia, to recover damages for medical malpractice, the defendants Brookdale Hospital Medical Center and Dr. Joel Benowitz appeal from an order of the Supreme Court, Kings County (Bellard, J.), dated March 21, 1991, which granted the plaintiffs’ motion to vacate their default in responding to a motion to preclude the introduction [612]*612of certain evidence at trial, and denied their cross-motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

The court did not improvidently exercise its discretion in vacating the plaintiffs’ default which was caused by law office failure (see, CPLR 2005, 5015 [a] [1]; Giordano v Patel, 177 AD2d 468; Brown v Ryder Truck Rental, 172 AD2d 477). In addition, material issues of fact remain which require a trial. Bracken, J. P., Balletta, O’Brien and Pizzuto, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action, inter alia, to recover damages for medical malpractice, the defendants Brookdale Hospital Medical Center and Dr. Joel Benowitz appeal from an order of the Supreme Court, Kings County (Bellard, J.), dated March 21, 1991, which granted the plaintiffs’ motion to vacate their default in responding to a motion to preclude the introduction [612]*612of certain evidence at trial, and denied their cross-motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

The court did not improvidently exercise its discretion in vacating the plaintiffs’ default which was caused by law office failure (see, CPLR 2005, 5015 [a] [1]; Giordano v Patel, 177 AD2d 468; Brown v Ryder Truck Rental, 172 AD2d 477). In addition, material issues of fact remain which require a trial. Bracken, J. P., Balletta, O’Brien and Pizzuto, JJ., concur.

Jenkins v. Brookdale Hospital Medical Center, 200 A.D.2d 611, 608 N.Y.S.2d 849, 1994 N.Y. App. Div. LEXIS 378 (N.Y. Ct. App. 1994).

Pincite

200 A.D.2d 611 (Jenkins v. Brookdale Hospital Medical Center) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related