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Scharlack v. Richmond Memorial Hospital

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1988
144 A.D.2d 354 (N.Y. App. Div. 1988)

Opinion

November 7, 1988

Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court, Richmond County, properly concluded that under the specific facts herein, the dismissal of the original timely action as against the defendant (see, Scharlack v Richmond Mem. Hosp., 127 A.D.2d 580) was inferentially for "neglect to prosecute" within the meaning of CPLR 205 (a) (Ivory v. Ekstrom, 98 A.D.2d 763). Since the statutory six-month extension is not available, the plaintiff's instant action is barred by the applicable Statute of Limitations (see, CPLR 214 [former (6)]; 208). Accordingly, the defendant's motion, which sought dismissal of the complaint upon that ground, was properly granted (Ivory v Ekstrom, supra). Mangano, J.P., Brown, Sullivan and Harwood, JJ., concur.


Summaries of

Scharlack v. Richmond Memorial Hospital

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1988
144 A.D.2d 354 (N.Y. App. Div. 1988)
Case details for

Scharlack v. Richmond Memorial Hospital

Case Details

Full title:JON E. SCHARLACK, by His Mother and Natural Guardian, HELEN SCHARLACK…

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

Date published: Nov 7, 1988

Citations

144 A.D.2d 354 (N.Y. App. Div. 1988)

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