Holbrook v. United Hospital Medical Center

In an action to recover damages for medical malpractice, the defendants Mordecai Dicker, M.D., Spectrum Emergency Care, Inc., and Cooper Emergency Services of New York, P. C., appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered October 8, 1996, which granted the plaintiffs motion, inter alia, to restore the action to the calendar.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the court did not improvidently exercise its discretion in granting the plaintiff s motion to restore the case to the calendar. Because the action…