Rossi v. Arnot Ogden Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Graffeo, J.
Appeals (1) from an order of the Supreme Court (Ellison, J.), entered December 11, 1997 in Chemung County, which granted defendants’ motions for leave to file a late motion for summary judgment, and (2) from an order of said court, entered December 22, 1997 in Chemung County, which, inter alia, struck plaintiffs’ note of issue.
This action to recover damages for alleged negligence and medical malpractice was commenced by plaintiffs ih May 1991. After completion of discovery, a note of issue was filed by plaintiffs on September 4, 1997 and the action was placed on the trial calendar…
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