Borgia v. Interboro General Hospital

Full title: CORRADO BORGIA, as Administrator of the Estate of ROSARIO BORGIA, et al.…

Court: Court of Appeals of the State of New York

Date published: Jun 2, 1983

59 N.Y.2d 802 (N.Y. 1983)

464 N.Y.S.2d 736

451 N.E.2d 483

Opinion

Argued April 29, 1983

Decided June 2, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM T. BELLARD, J.

Douglas E. McKeon and John J. Tullman for appellants.

Frederick N. Gaffney and Henry M. Primavera for respondents.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

While a disabling illness may excuse an attorney's delay in serving a complaint, in this case the default occurred well after the illness and therefore the default was not excused. Accordingly, the Appellate Division did not abuse its discretion in granting defendants' motion to dismiss the complaint.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

Order affirmed, with costs, in a memorandum.