Johnson v. Cafaro

Appellate Division of the Supreme Court of New York

Johnson v. Cafaro

54 A.D.2d 557, 386 N.Y.S.2d 1012, 1976 N.Y. App. Div. LEXIS 13871

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

DecidedSeptember 20, 1976

StatusPublished

This text of 54 A.D.2d 557 (Johnson v. Cafaro) 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

Johnson v. Cafaro, 54 A.D.2d 557, 386 N.Y.S.2d 1012, 1976 N.Y. App. Div. LEXIS 13871 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a medical malpractice action, the Lutheran Medical Center appeals from an order of the Supreme Court, Kings County, dated March 10, 1976, which granted its motion to dismiss the complaint for lack of prosecution unless plaintiff filed a statement of readiness and note of issue by a date certain. Order affirmed, without costs or disbursements. On the facts of this case, it was a proper exercise of discretion for Special Term to have granted the motion to dismiss for failure to prosecute only if plaintiff failed to file a statement of readiness and note of issue by a date certain (see Moran v Rynar, 39 AD2d 718). Gulotta, P. J., Hopkins, Latham, Cohalan and Hawkins, JJ., concur.

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In a medical malpractice action, the Lutheran Medical Center appeals from an order of the Supreme Court, Kings County, dated March 10, 1976, which granted its motion to dismiss the complaint for lack of prosecution unless plaintiff filed a statement of readiness and note of issue by a date certain. Order affirmed, without costs or disbursements. On the facts of this case, it was a proper exercise of discretion for Special Term to have granted the motion to dismiss for failure to prosecute only if plaintiff failed to file a statement of readiness and note of issue by a date certain (see Moran v Rynar, 39 AD2d 718). Gulotta, P. J., Hopkins, Latham, Cohalan and Hawkins, JJ., concur.

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Bluebook (online)

54 A.D.2d 557, 386 N.Y.S.2d 1012, 1976 N.Y. App. Div. LEXIS 13871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-cafaro-nyappdiv-1976.

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