Lynch v. Albany Medical Center Hospital

Appeal from an order of the Supreme Court at Special Term, entered April 10, 1975 in Albany County, which, among other things, denied plaintiffs motion to be relieved of the default judgment dismissing his complaint. The underlying action herein arose out of an incident on or about July 26, 1969 when the decedent, Matthew Lynch, fell from his bed in defendant hospital and fractured his hip after being left unattended by a private duty nurse responsible for his care. He subsequently died in September, 1971, and the present action was commenced by service of summons on December 13, 1972.…