Sherwood v. Northern Westchester Hospital

Appellate Division of the Supreme Court of New York

Sherwood v. Northern Westchester Hospital

161 A.D.2d 448, 556 N.Y.S.2d 480, 1990 N.Y. App. Div. LEXIS 5585

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

DecidedMay 17, 1990

StatusPublished

This text of 161 A.D.2d 448 (Sherwood v. Northern Westchester Hospital) 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

Sherwood v. Northern Westchester Hospital, 161 A.D.2d 448, 556 N.Y.S.2d 480, 1990 N.Y. App. Div. LEXIS 5585 (N.Y. Ct. App. 1990).

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Opinion

Order, Supreme Court, Westchester County (Harold L. Wood, J.), entered April 27, 1989, which, inter alia, vacated a prior order of the court granting defendants’ cross motions to dismiss the action for want of prosecution and granted de novo reconsideration of the original cross motions, unanimously affirmed, without costs.

Order of said court and Justice also entered April 27, 1989, which, inter alia, conditionally granted plaintiffs’ motion to strike defendants’ demand to resume prosecution and file a note of issue and conditionally denied defendants’ cross motions to dismiss the action, unanimously affirmed, without costs.

In this infant’s medical malpractice action, it was not an improvident exercise of discretion for the Supreme Court to have granted plaintiffs’ timely motion for reargument, vacated its prior order granting defendants’ cross motions for dismissal pursuant to CPLR 3216, and substituted in its place a conditional denial of those cross motions (see, 4 Weinstein-Korn-Miller, NY Civ Prac ¶ 3216.12). The terms imposed by [449]*449the court require expeditious completion of all pretrial proceedings by plaintiffs and are intended to achieve a prompt resolution of the action on the merits. Concur—Sullivan, J. P., Rosenberger, Asch and Rubin, JJ.

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Order, Supreme Court, Westchester County (Harold L. Wood, J.), entered April 27, 1989, which, inter alia, vacated a prior order of the court granting defendants’ cross motions to dismiss the action for want of prosecution and granted de novo reconsideration of the original cross motions, unanimously affirmed, without costs.

Order of said court and Justice also entered April 27, 1989, which, inter alia, conditionally granted plaintiffs’ motion to strike defendants’ demand to resume prosecution and file a note of issue and conditionally denied defendants’ cross motions to dismiss the action, unanimously affirmed, without costs.

In this infant’s medical malpractice action, it was not an improvident exercise of discretion for the Supreme Court to have granted plaintiffs’ timely motion for reargument, vacated its prior order granting defendants’ cross motions for dismissal pursuant to CPLR 3216, and substituted in its place a conditional denial of those cross motions (see, 4 Weinstein-Korn-Miller, NY Civ Prac ¶ 3216.12). The terms imposed by [449]*449the court require expeditious completion of all pretrial proceedings by plaintiffs and are intended to achieve a prompt resolution of the action on the merits. Concur—Sullivan, J. P., Rosenberger, Asch and Rubin, JJ.

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Bluebook (online)

161 A.D.2d 448, 556 N.Y.S.2d 480, 1990 N.Y. App. Div. LEXIS 5585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherwood-v-northern-westchester-hospital-nyappdiv-1990.