Ewart v. Maimonides Medical Center
Court: Appellate Division of the Supreme Court of the State of New York; May 27, 1997; New York; State Appellate Court
In a medical malpractice case, the plaintiff appealed from two rulings by the Supreme Court, Kings County. The first was an order denying her motion for a default judgment against the defendant and granting the defendant’s cross-motion to dismiss the complaint under CPLR 3215 (c). The second was a judgment that dismissed the complaint entirely. The appellate court dismissed the appeal from the order and affirmed the judgment, awarding the respondent one bill of costs. The dismissal of the appeal from the order was based on the principle that the right to a direct appeal terminated with the entry of judgment. The issues raised in the appeal from the order were considered during the appeal from the judgment. The plaintiff did not seek entry of a default judgment within one year of the defendant's failure to respond to the complaint. As the plaintiff failed to provide sufficient justification for not dismissing the complaint, the court acted within its discretion to dismiss it. The decision was supported by relevant case law, including *Nevling v. Chrysler Corp.* and *Hagel v. City of New York*. Justices Rosenblatt, Copertino, Pizzuto, Krausman, and Florio concurred with the decision.