Summary
In Mullen v Flushing Hosp. (161 AD2d 748), a newly assigned justice denied a motion to dismiss the complaint for the plaintiff's failure to comply with a conditional order made one year earlier by another justice for reasons that arose after the reassignment of the case.
Summary of this case from Carpenter v. BROWNING-FERRISOpinion
May 29, 1990
Appeal from the Supreme Court, Queens County (Rosenzweig, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
An examination of the record leads us to conclude that the Supreme Court did not improvidently exercise its discretion in allowing the plaintiff to file a late notice of medical malpractice action (CPLR 3406 [a]) since, as the court concluded, there is no evidence that the appellant was prejudiced by the plaintiff's delay (see, CPLR 2004; Tewari v. Tsoutsouras, 75 N.Y.2d 1, 13; Tak Kuen Nagi v. Sze Jing Chan, 159 A.D.2d 278; Criaris v. Weber, 158 A.D.2d 502). Bracken, J.P., Rubin, Rosenblatt and Miller, JJ., concur.