Legal Opinion
Randolph v. Cornell
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2006PublishedCited by 4 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the defendant Charles N. Cornell appeals from an or*558der of the Supreme Court, Queens County (Hart, J.), dated May 5, 2005, which denied his motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against him for failure to prosecute.
Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
Where a party is served with a…
2Cases cited11 opinions
- Fiore v. GalangNew York Court of Appeals · 1985
- Mosberg v. ElahiNew York Court of Appeals · 1992
- Salch v. ParatoreNew York Court of Appeals · 1983
- Burke v. KleinAppellate Division of the Supreme Court of the State of New York · 2000
- Abelard v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by4 opinions
- Picot v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Anjum v. KaragozAppellate Division of the Supreme Court of the State of New York · 2008
- Ovchinnikov v. Joyce Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Harrington v. TobackAppellate Division of the Supreme Court of the State of New York · 2006