Legal Opinion

Smith v. North Shore University Hospital

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

Decided November 1, 1993PublishedCited by 2 opinions

1Opinion of the Court

—In a medical malpractice action, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Leviss, J.), entered August 20, 1991, as granted the defendants’ motions to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court did not improvidently exercise its discretion in dismissing the complaint due to the infant plaintiff’s failure to comply with discovery (see, CPLR 3126). Specifically, the infant plaintiff failed to comply with two orders, dated July 10, 1989, and October 25, 1989,…

2Cases cited1 opinion

  1. Gonzalez v. PaniccioliAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by2 opinions

  1. Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  2. Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014

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