Schneider v. Meltzer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mikoll, J.
Appeal from an order of the *802Supreme Court (Rumsey, J.), entered April 26, 1999 in Cortland County, which denied defendant’s motion to dismiss the complaint for failure to prosecute.
The sole question presented is whether Supreme Court abused its discretion in denying defendant’s motion to dismiss the complaint based on plaintiffs failure to file a note of issue within 90 days of defendant’s demand therefor.
Plaintiff commenced this medical malpractice and negligence action on January 29, 1996, and subsequently served an amended complaint which defendant answered in October 1996.…
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