Martinez v. Jesionowska

Order, Supreme Court, New York County (Eileen Bransten, J.), entered October 13, 2005, which denied the motion by defendant Frederic Harris, M.D. and the cross motion by defendants Jesionowska, Mentus and Beth Israel Medical Center to dismiss the action as abandoned, unanimously affirmed, without costs.

It is uncontested that this case, originally commenced in *240Queens County in 1999, was ultimately transferred to New York County in 2001 after defendants successfully moved for a change of venue. Although a note of issue was filed in Queens County prior to the transfer, there is no evidence of…