Emmett v. St. Peter's Hospital

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Nicolai, J.), dated June 15, 2001, as, upon renewal and reargument, adhered to a prior order of the *447same court (Marlow, J.), dated October 19, 2000, inter alia, granting the defendants’ motion to dismiss the complaint upon their failure to proceed on the scheduled trial date.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate…