Marks v. Kingsbrook Radiology, P. C.

Appellate Division of the Supreme Court of New York

Marks v. Kingsbrook Radiology, P. C.

267 A.D.2d 151, 699 N.Y.S.2d 866, 1999 N.Y. App. Div. LEXIS 13216

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

DecidedDecember 21, 1999

StatusPublished

This text of 267 A.D.2d 151 (Marks v. Kingsbrook Radiology, P. C.) 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

Marks v. Kingsbrook Radiology, P. C., 267 A.D.2d 151, 699 N.Y.S.2d 866, 1999 N.Y. App. Div. LEXIS 13216 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order, Supreme Court, New York County (Stanley Sklar, J.), entered December 1, 1998, which granted defendants-respondents’ motions to dismiss the complaint for failure to prosecute, unanimously affirmed, without costs.

The complaint, which alleges that defendants failed to diagnose the decedent’s cancer in timely fashion, was properly dismissed for failure to submit an affidavit of merit by a medical expert in response to the motions to dismiss (see, Mosberg v Elahi, 80 NY2d 941). We note that plaintiff also failed to provide a reasonable excuse for her unreasonable delay in prosecuting the action between July 1991, when she served her bills of particulars, and July 1997, when, seven months after service of the first CPLR 3216 notice, her attorney moved to withdraw. Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Friedman, JJ.

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

—Order, Supreme Court, New York County (Stanley Sklar, J.), entered December 1, 1998, which granted defendants-respondents’ motions to dismiss the complaint for failure to prosecute, unanimously affirmed, without costs.

The complaint, which alleges that defendants failed to diagnose the decedent’s cancer in timely fashion, was properly dismissed for failure to submit an affidavit of merit by a medical expert in response to the motions to dismiss (see, Mosberg v Elahi, 80 NY2d 941). We note that plaintiff also failed to provide a reasonable excuse for her unreasonable delay in prosecuting the action between July 1991, when she served her bills of particulars, and July 1997, when, seven months after service of the first CPLR 3216 notice, her attorney moved to withdraw. Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

267 A.D.2d 151, 699 N.Y.S.2d 866, 1999 N.Y. App. Div. LEXIS 13216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marks-v-kingsbrook-radiology-p-c-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack