Bogoff v. Mount Sinai Hospital

Order, Supreme Court, New York County (Maresca, J.) entered April 21,1981, dismissing the action for failure to prosecute pursuant to CPLR 3216, reversed, on the law and the facts and in the exercise of discretion, with costs, and the motion denied on the condition that the attorneys for the plaintiffs-appellants pay $500 in costs equally to the defendants within 20 days after service of a copy of the order to be entered hereon with notice of entry, failing which the order is affirmed, with costs. The plaintiffs failed to file an affidavit of merit in response to the defendants’ motion to…