Gibbons v. Jackson Heights Hospital

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (LeVine, J.), entered January 22, 2004, which, upon an order of the same court dated April 14, 2003, denying their motion to vacate the dismissal of the action and to restore the action to the trial calendar, inter alia, dismissed the complaint insofar as asserted against the defendant Walter A. Besser.

Ordered that the judgment is affirmed, with costs.

On January 11, 2002, the Supreme Court dismissed the action upon the plaintiffs’ failure to proceed when the…