Berzinski v. Ness

Appeal from an order of the Supreme Court at Special Term (Bryant, J.), entered July 8, 1981 in Broome County, which denied defendant Our Lady of Lourdes Memorial Hospital’s motion, pursuant to CPLR 3216 to dismiss the complaint, as against it, for failure to prosecute. The underlying action, brought to recover money damages from the defendant hospital and the codefendant doctors, has its origin in medical malpractice which allegedly occurred in August, 1964, when the infant plaintiff was born. Suit was commenced on May 10,1979, and issue was joined within two weeks thereafter. In September,…