Legal Opinion

Lopez v. Platnick

Appellate Division of the Supreme Court of the State of New York

Decided November 25, 1991Published

1Opinion of the Court

*688In a medical malpractice action, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated March 15, 1990, which dismissed the action for want of prosecution.

Ordered that the order is affirmed, with costs.

In order to successfully oppose the motion by the defendant to dismiss the complaint for failure to prosecute, the plaintiff was required to show an acceptable excuse for his default in responding to a 90-day notice served pursuant to CPLR 3216 and that he possessed a meritorious cause of action (see, Bush v Hayward, 156 AD2d 899; Papadopoulas v R.B.…

2Cases cited3 opinions

  1. Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Mason v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1988
  3. Bush v. HaywardAppellate Division of the Supreme Court of the State of New York · 1989

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