Appellate Division of the Supreme Court of New York, 2001

Donegan v. St. Joseph's Medical Center

Appellate Division of the Supreme Court of New York · Decided May 1, 2001

283 A.D.2d 152; 724 N.Y.S.2d 582; 2001 N.Y. App. Div. LEXIS 4330

Cases that cite this one

6 later published cases cite this decision.

Cadichon v. Facelle (Appellate Division of the Supreme Court of New York 2010)
Rosario v. Albany Express (Appellate Division of the Supreme Court of New York 2018)
Walker v. Gibbons (Appellate Division of the Supreme Court of New York 2016)
Bort v. Perper (Appellate Division of the Supreme Court of New York 2011)
Goldblum v. Franklin Munson Fire District (Appellate Division of the Supreme Court of New York 2006)
Davis v. Goodsell (Appellate Division of the Supreme Court of New York 2004)

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

*153—Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered November 17, 2000, which, in an action for medical malpractice, denied defendants’ motions to dismiss the complaint for failure to prosecute, unanimously affirmed, without costs.

We are satisfied that plaintiff’s failure to file a note of issue within 90 days of defendants’ CPLR 3216 demand was largely attributable to defendants’ refusal to comply with the notices to take their depositions and for production of documents that plaintiff served in response to the demand. Accordingly, the motion to dismiss was properly denied, even without a medical affidavit demonstrating the merits of the action (see, Matter of Simmons v McSimmons, Inc., 261 AD2d 547). Concur — Sullivan, P. J., Mazzarelli, Ellerin and Buckley, JJ.

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