Collins v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for medical malpractice and wrongful death, the defendant New York City Health and Hospitals Corporation appeals from an order of the Supreme Court, Queens County (Posner, J.), dated October 14, 1998, which granted the plaintiffs motion to restore the action to the trial calendar.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is dismissed.
In order to successfully move to restore to the trial calendar an action which has been dismissed pursuant to CPLR 3404, a plaintiff must establish (1) a meritorious cause…
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