Genova v. Weinberg

In an action to recover damages for medical malpractice, the defendant Robert J. Weinberg appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), entered June 25, 1990, which denied his motion pursuant to CPLR 3216 to dismiss the complaint insofar as it is asserted against him.

Ordered that the order is affirmed, without costs or disbursements, on the condition that the plaintiff’s attorney personally pay the sum of $250 to the defendant within 30 days after service upon him of a copy of this decision and order with notice of entry; in the event this condition is not timely…