Gold v. Steinmetz

*246OPINION OF THE COURT

Bruce M. Balter, J.

In an action for medical malpractice, the plaintiffs seek to vacate a CPLR 3404 dismissal and restore this action to the Trial Calendar.

On March 13, 1986, the plaintiff Frieda Gold went to the defendant’s medical practice complaining of palpitations, dizziness and/or nausea. After defendant Dr. Steinmetz examined her, he left her alone as she lay on the examination table and went to get an EKG machine. Plaintiff alleges that she was left alone for 40 minutes. She claims that when she tried to sit up she became dizzy and fell to the floor. She remained on…