Borgia v. Interboro General Hospital
Borgia v. Interboro General Hospital
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.