New York Court of Appeals, 1983

Borgia v. Interboro General Hospital

Borgia v. Interboro General Hospital
New York Court of Appeals · Decided June 2, 1983 · Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons Concur
59 N.Y.2d 802; 451 N.E.2d 483; 464 N.Y.S.2d 736; 1983 N.Y. LEXIS 3139
Borgia v. Interboro General Hospital

Cases that cite this one

13 later published cases cite this decision.

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

While a disabling illness may excuse an attorney’s delay in serving a complaint, in this case the default occurred well after the illness and therefore the default was not excused. Accordingly, the Appellate Division did not abuse its discretion in granting defendants’ motion to dismiss the complaint.

*804 Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.

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