Legal Opinion
Byers v. Winthrop University Hospital
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2012Published
1Opinion of the Court
In an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals from an order of the Supreme Court, Nassau County (Sher, J.), entered June 29, 2011, which denied her motion, in effect, to vacate a judgment of the same court dated June 29, 2010, dismissing the complaint pursuant to CPLR 3216, to restore the action to the calendar, and to extend her time to file a note of issue.
Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
*818There is no merit to the plaintiffs contention…
2Cases cited20 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Mosberg v. ElahiNew York Court of Appeals · 1992
- Henry v. KuvekeAppellate Division of the Supreme Court of the State of New York · 2004
- Behar v. CorenAppellate Division of the Supreme Court of the State of New York · 2005
- Orphan v. PilnikNew York Court of Appeals · 2010
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