Appellate Division of the Supreme Court of New York, 2000

Christie v. Mineola Ophthalmology Associates, P. C.

Appellate Division of the Supreme Court of New York · Decided April 10, 2000

271 A.D.2d 469; 706 N.Y.S.2d 344; 2000 N.Y. App. Div. LEXIS 4046

Cases that cite this one

1 later published case cites this decision.

Eden v. Leone (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Nassau County (Adams, J.), dated October 4, 1999, which denied their motion pursuant to CPLR 3216 to dismiss the complaint and granted the plaintiff’s cross motion to vacate an order of the same court dated May 28, 1999, which, sua sponte, dismissed the complaint for failure to prosecute.

Ordered that the order is affirmed, with costs.

*470The Supreme Court providently exercised its discretion in denying the defendants’ motion and granting the plaintiffs cross motion (see, CPLR 3216 [e]; Baczkowski v Collins Constr. Co., 89 NY2d 499, 504; Barrett v Littles, 260 AD2d 418). Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.