Smith v. Montefiore Medical Center

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered September 18, 2007, which denied so much of defendants-appellants’ motion to dismiss the complaint for lack of prosecution, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

This action for wrongful death, medical malpractice and medical negligence was commenced in 2000. In October 2004, defendants served a 90-day notice (CPLR 3216 [b] [3]) demanding that plaintiff resume prosecution, complete discovery and file a…