Panchon v. Brooklyn Hospital

This action is premised on acts of alleged medical malpractice occurring in 1979. The action was adjourned 13 times in the Supreme Court after the filing of a note of issue. The case was then marked off the calendar at the request of the plaintiff’s counsel. Because of the plaintiff’s failure to timely move to restore the case to the calendar, the case was automatically dismissed pursuant to CPLR 3404 (see, Merrill v Robinson, 99 AD2d 578). Approximately 20 months after the case was marked off the calendar, the plaintiff moved to vacate the automatic dismissal.

The plaintiff’s counsel has…