From Casetext: Smarter Legal Research

Wilson v. Massapequa General Hospital

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1992
180 A.D.2d 791 (N.Y. App. Div. 1992)

Opinion

February 24, 1992

Appeal from the Supreme Court, Nassau County (Robbins, J.).


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

Since the plaintiff failed to initiate proceedings for the entry of a default judgment within one year after the default of the defendant South Shore Diagnostic Center, P.C. (hereinafter South Shore), the Supreme Court properly dismissed her complaint pursuant to CPLR 3215 (c) as to this defendant (see, Rafiq v Weston, 171 A.D.2d 783; Vierya v. Briggs Stratton Corp., 166 A.D.2d 645, 646-647; Cousins v. Grant, 166 A.D.2d 494, 495; Manago v. Giorlando, 143 A.D.2d 646; cf., Myers v. Slutsky, 139 A.D.2d 709). Moreover, the record fails to support the plaintiff's contentions that South Shore waived its right to seek dismissal of the complaint under CPLR 3215 (c) or that South Shore, or any other party, misled or dissuaded the plaintiff from entering a default judgment within the statutorily prescribed period (Rafiq v. Weston, supra; Myers v. Slutsky, supra; cf., Cutrone v. General Motors Corp., 157 A.D.2d 648, 649). Bracken, J.P., O'Brien, Ritter and Copertino, JJ., concur.


Summaries of

Wilson v. Massapequa General Hospital

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1992
180 A.D.2d 791 (N.Y. App. Div. 1992)
Case details for

Wilson v. Massapequa General Hospital

Case Details

Full title:CAROL WILSON, Individually and as Administratrix of the Estate of GRACE…

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

Date published: Feb 24, 1992

Citations

180 A.D.2d 791 (N.Y. App. Div. 1992)
580 N.Y.S.2d 403

Citing Cases

Scrimenti v. Dry Harbor Nursing Home

Thus, the complaint was subject to dismissal unless the plaintiff could establish a reasonable excuse for the…

Ng v. Neng

The Supreme Court providently exercised its discretion when it denied the defendants' application, made at…