Borgia v. Interboro General Hospital
New York Court of Appeals
Borgia v. Interboro General Hospital, 59 N.Y.2d 802 (N.Y. 1983)
451 N.E.2d 483; 464 N.Y.S.2d 736; 1983 N.Y. LEXIS 3139
Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons Concur
Borgia v. Interboro General Hospital
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.
Reference
- Full Case Name
- Corrado Borgia, as Administrator of the Estate of Rosario Borgia, Et Al., Appellants, v. Interboro General Hospital, Defendant, and Umberto De Girolamo Et Al., Respondents
- Cited By
- 13 cases
- Status
- Published