Conklin v. Physician's Hospital

Full title: FREDERICK CONKLIN et al., Respondents, v. PHYSICIAN'S HOSPITAL et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 17, 1997

237 A.D.2d 402 (N.Y. App. Div. 1997)

656 N.Y.S.2d 878

Opinion

March 17, 1997.

In an action to recover damages for medical malpractice and wrongful death, the defendant Long Island Jewish Medical Center appeals from an order of the Supreme Court, Queens County (Lane, J.), dated November 15, 1994, which denied its motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute. Justice Friedmann has been substituted for the late Justice Hart ( see, 22 NYCRR 670.1 [c]).

Before: Miller, J.P., Joy, Friedmann and Krausman, JJ.

Ordered that the order is affirmed, without costs or disbursements, for reasons stated in Conklin v Physician's Hosp. ( 237 AD2d 401 [decided herewith]).