Wagner v. Saint Francis Hospital

Full title: LISA J. WAGNER, Appellant, v. SAINT FRANCIS HOSPITAL, Respondent, et al.…

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

Date published: Oct 20, 1997

243 A.D.2d 628 (N.Y. App. Div. 1997)

668 N.Y.S.2d 901

Opinion

October 20, 1997

Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

A motion to restore to the trial calendar a case which has been stricken by reason of a plaintiffs default must be supported by both an acceptable explanation of the default and an affidavit of merit ( see, Saeed v. Boulevard Hosp., 157 A.D.2d 654). We agree with the Supreme Court that the plaintiff here failed to submit an adequate affidavit of merit as against the defendant Saint Francis Hospital ( see, McKay v. H.I.P. of Greater N.Y., 163 A.D.2d 280).

We have considered the plaintiff's remaining contention and find it to be without merit.

O'Brien, J.P., Thompson, Friedmann and Goldstein, JJ., concur.