Legal Opinion

Rose v. Aziz

Appellate Division of the Supreme Court of the State of New York

Decided March 24, 2009PublishedCited by 10 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for medical mal*926practice and lack of informed consent, etc., the defendant Long Island College Hospital appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated February 14, 2008, as denied its motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against it for failure to prosecute.

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

It is well settled that CPLR 3216 permits a court to dismiss an action for want of prosecution only after the court or…

2Cases cited5 opinions

  1. Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
  2. Airmont Homes, Inc. v. Town of RamapoNew York Court of Appeals · 1987
  3. Ameropan Realty Corp. v. Rangeley Lakes Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Schuering v. StellaAppellate Division of the Supreme Court of the State of New York · 1997
  5. Harrison v. Good Samaritan Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by10 opinions

  1. Michaels v. Sunrise Building & Remodeling, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Wasif v. KhanAppellate Division of the Supreme Court of the State of New York · 2011
  3. Dominguez v. Jamaica Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
  4. Amos v. Southampton HospitalAppellate Division of the Supreme Court of the State of New York · 2015
  5. Passet v. Menorah Nursing Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

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