Jackson v. Bronx Lebanon Hospital Center

Order, Supreme Court, Bronx County (Albert J. Emanuelli, J.), entered March 19, 2003, which, to the extent appealable, denied renewal of a prior order denying plaintiff’s motion to vacate dismissal of the action without prejudice, unanimously affirmed, without costs.

Having received a 90-day notice and stipulated, in 1998, to file a note of issue on the understanding that failure to do so would result in dismissal of the action, plaintiff neither filed the note nor moved in a timely fashion for an extension of time to comply. In 2001, Justice George Friedman denied plaintiffs motion to vacate…