Zito v. Jastremski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for dental malpractice and lack of informed consent, the defendants Edward Jastremski and Edward Jastremski, D.D.S., EC., appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Giacobbe, J.), dated March 8, 2006, as denied their motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them for failure to prosecute.
Ordered that the order is affirmed insofar as appealed from, with costs.
CPLR 3216 is “extremely forgiving” (Baczkowski v Collins Constr. Co., 89 NY2d 499, 503 [1997]) in that it…
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