Solis v. Mary Immaculate Hospital

In an action, inter alia, to recover damages for medical malpractice, the defendant Angelo Sersanti, M.D., appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Durante, J.), entered August 1, 1989, as denied his motion to dismiss the complaint insofar as asserted against him for the failure of the plaintiff to file a note of issue.

Ordered that the order is affirmed insofar as appealed from, with costs.

Citing the plaintiff’s alleged failure to prosecute this action, the appellant moved to dismiss (see, CPLR 3216). However, no 90-day demand to file a…