Munz v. La Guardia Hospital

Thompson, J.,

concurs insofar as the appeal from the order dated May 14, 1984 is dismissed and otherwise dissents and votes to affirm the order entered December 5, 1983, and to dismiss the appeal from the order dated January 31,1984, with the following memorandum. Defendant Dr. Cho was served with a summons and complaint in May 1982. When he failed to enter an appearance or serve an answer, plaintiff, in or about October of 1983, initiated a motion pursuant to CPLR 3215 for leave to enter a default judgment. Cho then cross-moved pursuant to *733CPLR 3012 (d) for an order, inter alia, compelling…