Eden v. Leone

—In an action to recover damages for medical malpractice, etc., the defendant Vincent J. Leone appeals and the defendants Gustave J. Pogo and North Shore University Hospital-Cornell University Medical Colleges separately appeal, from an order of the Supreme Court, Nassau County (Bucaria, J.), entered December 1, 1999, which denied their respective motions pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

The plaintiffs demonstrated a justifiable excuse for their delay in responding to a 90-day notice and…