Kwiatkowska v. Aramburu

Appellate Division of the Supreme Court of New York

Kwiatkowska v. Aramburu

133 A.D.2d 810, 520 N.Y.S.2d 352, 1987 N.Y. App. Div. LEXIS 51850

Appellate Division of the Supreme Court of the State of New York·Decided October 26, 1987·Published·Cited by 5 cases

Opinion

In a medical malpractice action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Nastasi, J.), dated December 12, 1986, which, pursuant to CPLR 3216, dismissed her action with prejudice, based upon a failure to prosecute.

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

The plaintiff has failed to demonstrate either a reasonable excuse for her failure to prosecute this action or that she has a meritorious cause of action (see, CPLR 3216 [e]; Gilligan v Miller, 99 AD2d 767). Thompson, J. P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.

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In a medical malpractice action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Nastasi, J.), dated December 12, 1986, which, pursuant to CPLR 3216, dismissed her action with prejudice, based upon a failure to prosecute.

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

The plaintiff has failed to demonstrate either a reasonable excuse for her failure to prosecute this action or that she has a meritorious cause of action (see, CPLR 3216 [e]; Gilligan v Miller, 99 AD2d 767). Thompson, J. P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.

Kwiatkowska v. Aramburu, 133 A.D.2d 810, 520 N.Y.S.2d 352, 1987 N.Y. App. Div. LEXIS 51850 (N.Y. Ct. App. 1987).

Pincite

133 A.D.2d 810 (Kwiatkowska v. Aramburu) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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