Leinas v. Long Island Jewish Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), entered January 27, 2009, which denied his motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
This case was first marked off the trial calendar on June 18, 2001, because the plaintiffs counsel of record was engaged in another trial. After the first restoration to the trial calendar, the case was marked off again on…
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