Garofalo v. Mercy Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Segal, J.), dated January 13, 1999, which granted the motion of the defendant Mercy Hospital to vacate the note of issue and to dismiss the action for want of prosecution.
Ordered that the order is affirmed, with costs.
The plaintiffs commenced this action against the defendant Mercy Hospital (hereinafter Mercy) and an unknown assailant in November 1996, and issue was joined by Mercy in December 1996. On July 7, 1998, Mercy served upon the plaintiffs a demand…
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