Havens v. Flushing Hospital Medical Center

In an action to recover damages for medical malpractice, the defendant J. Kim, M.D., appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated September 4, 1996, as denied his motion pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against him for failure to prosecute, and granted the cross motion by the nonparty New York City Commissioner of Social Services pursuant to CPLR 2004 to the extent of providing a 60-day stay of the action so that the New York City Commissioner of Social Services could seek the…