Havens v. Flushing Hospital Medical Center
Court: Appellate Division of the Supreme Court of the State of New York; May 19, 1997; New York; State Appellate Court
In a medical malpractice case, defendant J. Kim, M.D. appeals a Supreme Court order from September 4, 1996, which denied his motion to dismiss the complaint for failure to prosecute and partially granted a cross motion by the New York City Commissioner of Social Services. The court provided a 60-day stay to allow the Commissioner to seek a substitute guardian ad litem and appoint new legal counsel for the plaintiff. The appellate court affirmed the Supreme Court's order, stating that there is a strong policy favoring the resolution of cases on their merits and concluded that the lower court did not abuse its discretion in its rulings. Costs are awarded to the respondent. Judges Miller, Thompson, Joy, and Luciano concurred in the decision.