Rowell v. Joyce

In an action to recover damages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Dutchess County (Dillon, J.), dated March 12, 2002, which granted the plaintiffs’ motion to vacate a prior order of the same court dated July 5, 2001, granting the defendants’ motion to dismiss the complaint, upon the plaintiffs’ failure to object to that motion, and for leave to serve and file a late complaint.

Ordered that the order is affirmed, with costs.

Based upon the sufficiency of the plaintiffs’ affidavit of merit, the absence of any intent to abandon the action, the…