Ashton v. Goldberg

In a medical malpractice action, the plaintiff appeals from (1) an order of the Supreme Court, Nassau County (Robbins, J.), dated January 11, 1991, which granted the defendants’ motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute, and denied the plaintiff’s cross motion for an order of preclusion, and (2) so much of an order of the same court, dated September 11, 1991, as denied the plaintiff’s motion, denominated as one for renewal, which was, in fact, for reargument. We deem point I of the respondents’ brief a motion to renew the respondents’ cross motion to…