Kreiner v. Mather Memorial Hospital

Full title: DANIEL KREINER, Appellant, v. MATHER MEMORIAL HOSPITAL et al., Respondents

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

Date published: Jan 31, 2005

14 A.D.3d 657 (N.Y. App. Div. 2005)

788 N.Y.S.2d 857

Opinion

2004-02954

January 31, 2005.

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated February 25, 2004, which denied his motion to restore the action to the trial calendar.

Before: Florio, J.P., Adams, Goldstein, Rivera and Spolzino, JJ., concur.

Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is granted, and the action is restored to the trial calendar.

The plaintiff satisfied the requirements on a motion to restore an action to the trial calendar, including demonstrating a meritorious cause of action and that his excuse of law office failure was reasonable under the circumstances ( see Robinson v. New York City Tr. Auth., 203 AD2d 351).