Floria v. Cook

In an action to recover damages for medical malpractice, etc., defendant Long Island College Hospital appeals from an order of the Supreme Court, Kings County, dated February 25, 1977, which (1) granted plaintiffs’ motion to vacate their default on appellant’s motion to dismiss the action for failure to serve a complaint after receiving a demand therefor and (2) denied appellant’s motion to dismiss the action. Order reversed, on the law, with $50 costs and disbursements, plaintiffs’ motion denied and dismissal order dated September 29, 1976 reinstated. The record before us is barren of any…