Appellate Division of the Supreme Court of New York, 1974

Vessichio v. Deepdale General Hospital

Vessichio v. Deepdale General Hospital
Appellate Division of the Supreme Court of New York · Decided March 4, 1974
44 A.D.2d 563; 352 N.Y.S.2d 941; 1974 N.Y. App. Div. LEXIS 5586
Vessichio v. Deepdale General Hospital

Opinion of the Court

In a medical malpractice action to recover damages for personal injuries, defendant Deepdale General Hospital appeals from an order of the Supreme Court, Queens County, entered August 14, 1973, which denied its motion to dismiss the action for failure timely to serve a complaint. Order reversed, in the exercise of discretion, without costs, and motion granted. In the absence of any showing of excuse for failure timely to serve a complaint after demand therefor, and of any affidavit showing that the action has merit, Special Term should have unconditionally granted the motion to dismiss the action (Melfi v. Nash, 40 A D 2d 1017). Gulotta, P. J., Hopkins, Latham and Brennan, JJ., concur.

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