Hutchinson v. New York City Health & Hospitals Corp.

In an action to recover damages, inter alia, for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated September 7, 2012, which denied her motion pursuant to CFLR 3215 for leave to enter judgment on the issue of liability against the defendant Brooklyn Nephrology Group, EC., upon its failure to appear or answer, and granted the cross motion of the defendant Brooklyn Nephrology Group, EC., to deem its late answer timely served nunc pro tunc.

Ordered that the order is affirmed, with costs.

Within 20 days after the time…