Mosberg v. Elahi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a medical malpractice action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Levine, J.), dated November 23, 1988, which denied his motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The instant malpractice action was commenced on or about November 30, 1984. After issue was joined, the plaintiff served a bill of particulars on or about May 30, 1985. On January 29, 1988, the…
2Cases cited17 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Fiore v. GalangNew York Court of Appeals · 1985
- Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Salch v. ParatoreNew York Court of Appeals · 1983
- Canter v. MulnickNew York Court of Appeals · 1983
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- Tierney v. OB-GYN Associates of IthacaAppellate Division of the Supreme Court of the State of New York · 1992
- Cordts v. Bob Curry Oldsmobile Cadillac, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
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