Kwiatkowska v. Aramburu
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a medical malpractice action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Nastasi, J.), dated December 12, 1986, which, pursuant to CPLR 3216, dismissed her action with prejudice, based upon a failure to prosecute.
Ordered that the judgment is affirmed, without costs or disbursements.
The plaintiff has failed to demonstrate either a reasonable excuse for her failure to prosecute this action or that she has a meritorious cause of action (see, CPLR 3216 [e]; Gilligan v Miller, 99 AD2d 767). Thompson, J. P., Niehoff,…
2Cases cited1 opinion
- Gilligan v. MillerAppellate Division of the Supreme Court of the State of New York · 1984
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- Ramcharan v. 625 Fulton AssociatesAppellate Division of the Supreme Court of the State of New York · 2002