Talley v. Montefiore Hospital

Order, Supreme Court, Bronx County (Barry Salman, J.), entered July 6, 1989, which conditionally granted the defendant’s motion to dismiss plaintiff’s action based on plaintiff’s failure to comply with a prior order dated November 3, 1988, is unanimously affirmed, without costs.

Plaintiff’s complaint was dismissed on default for plaintiff’s failure to serve the complaint after demand. Subsequently, the court vacated the default on condition that plaintiff pay costs of the motion and serve the complaint within 30 days of order. It is disputed whether the complaint was then timely served.…