Legal Opinion
Davies v. Slotkin
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1998PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for conscious pain and suffering and wrongful death due to medical malpractice, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Floyd, J.), dated July 25, 1997, which denied his motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the defendant’s motion is granted, and the complaint is dismissed.
The Supreme Court improvidently exercised its discretion in denying the defendant’s motion to dismiss the complaint…
2Cases cited5 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Turman v. Amity OBG AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Rubin v. BaglioAppellate Division of the Supreme Court of the State of New York · 1996
- Lopez v. Pathmark Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Russo v. Automotive Rentals, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by3 opinions
- Gray v. GrayAppellate Division of the Supreme Court of the State of New York · 1999
- Taylor v. GariAppellate Division of the Supreme Court of the State of New York · 2001
- Umeze v. Fidelis Care New YorkAppellate Division of the Supreme Court of the State of New York · 2010