Melius v. Pletman

Mikoll, J. P.

Appeal from an order of the Supreme Court (Doran, J.), entered July 27, 1992 in Schenectady County, which denied defendant Ellis Hospital’s motion to dismiss the complaint against it for failure to prosecute.

*881Plaintiff Arthur J. Melius (hereinafter Melius) commenced an action in 1986 against defendant Ellis Hospital and three physicians. In 1989, Melius and his wife, plaintiff Mary H. Mills-Melius, commenced a separate action against Ellis alone. In the first action, Melius alleged in his complaint that he had sustained personal injuries as a result of malpractice. The second…