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Garcia v. North Shore Long Island Jewish Forest Hills Hospital
Citations: 98 A.D.3d 644; 949 N.Y.S.2d 781
Court: Appellate Division of the Supreme Court of the State of New York; August 22, 2012; New York; State Appellate Court
In a medical malpractice case, defendants North Shore Long Island Jewish Forest Hills Hospital and Michael S. Drew appealed from a Supreme Court order that denied their motions to dismiss the complaint for lack of prosecution and granted the plaintiff's motion to extend the time to serve and file a note of issue. The appellate court reversed the order, granting the defendants' motions and denying the plaintiff's cross motion as academic. The plaintiff initiated the action on November 9, 2009, alleging injuries from medical treatment between July 17, 2008, and August 28, 2008. Both defendants served valid 90-day demands for the plaintiff to file a note of issue by April 2011. The plaintiff failed to comply with these demands or seek an extension within the specified time, prompting the defendants to move for dismissal. The court determined that the plaintiff did not provide a reasonable excuse for the delay in responding to the demands and failed to demonstrate a potentially meritorious malpractice claim. The plaintiff's argument that the defendants’ alleged dilatory conduct justified his inaction was rejected. Consequently, the appellate court ruled in favor of the defendants, dismissing the complaint against them due to the plaintiff's failure to prosecute the case effectively. All remaining claims by the plaintiff were found to be without merit.