Legal Opinion

Kwiatkowska v. Aramburu

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 1987PublishedCited by 5 opinions

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

  1. Gilligan v. MillerAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by5 opinions

  1. Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Safina v. Queens-Long Island Medical GroupAppellate Division of the Supreme Court of the State of New York · 1997
  3. Russo v. Automotive Rentals, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Fergerson v. FergersonAppellate Division of the Supreme Court of the State of New York · 1997
  5. Ramcharan v. 625 Fulton AssociatesAppellate Division of the Supreme Court of the State of New York · 2002

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