Fontenelle v. Glens Falls Hospital

Casey and Levine, JJ.,

dissent and vote to affirm in the following memorandum by Casey, J. Casey, J. (dissenting). We disagree with the majority’s legal conclusion that plaintiff was not subject to the dismissal provisions of CPLR 3216 until after *935completion of discovery. The prior order, which denied plaintiff’s motion seeking to vacate defendants’ 90-day demands until completion of discovery, specifically stated that “plaintiff is subject to the provisions of [CPLR] 3216”. Although this order granted the parties “the right to complete all desired discovery during the next sixty (60) days and…