Altman v. Donnenfeld
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendants Eric D. Donnenfeld and Opthalmic Consultants of Long Island appeal, as limited by their brief, from so much an order of the Supreme Court, Nassau County (Winslow, J.), entered May 31, 2013, as denied their motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them for failure to prosecute.
Ordered that the order is affirmed insofar as appealed from, with costs.
CPLR 3216 is “extremely forgiving” (Baczkowski v Collins Constr. Co., 89 NY2d 499, 503 [1997]) in that it “never requires, but merely…
2Cases cited6 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
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