Fontenelle v. Glens Falls Hospital

Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered December 2, 1983 in Warren County, which granted plaintiff’s motion to reargue but again ordered that plaintiff’s note of issue be stricken and the complaint dismissed.

This malpractice action was commenced on January 30,1981 and issue was joined in March, 1981. Defendants made demands pursuant to CPLR 3216 on April 8, 1982 and May 20, 1982, respectively. Subsequently, plaintiff obtained a protective order dated August 23, 1982 which, although it denied plaintiff’s motion to vacate the CPLR 3216 demands, granted both…