From Casetext: Smarter Legal Research

Holbrook v. United Hospital Medical Center

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 317 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).


Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the court did not improvidently exercise its discretion in granting the plaintiff's motion to restore the case to the calendar. Because the action was not stricken from the calendar due to any default of the plaintiff, and the plaintiff's motion to restore the case to the calendar was made within one year after the case was stricken, the plaintiff did not need to submit an affidavit by a physician establishing a meritorious cause of action ( see, Merrill Lynch, Pierce, Fenner Smith v. Tinter, 198 A.D.2d 113, 114; Butler v St. John's Episcopal Hosp., 173 A.D.2d 755, 756; Balducci v Jason, 133 A.D.2d 436, 437; cf., Wulster v. Rubinstein, 126 A.D.2d 545, 546).

Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.


Summaries of

Holbrook v. United Hospital Medical Center

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 317 (N.Y. App. Div. 1997)
Case details for

Holbrook v. United Hospital Medical Center

Case Details

Full title:LAURIE HOLBROOK, Respondent, v. UNITED HOSPITAL MEDICAL CENTER, Defendant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 1997

Citations

239 A.D.2d 317 (N.Y. App. Div. 1997)
657 N.Y.S.2d 1001

Citing Cases

Morales v. City of New York

Ordered that the order is affirmed, with one bill of costs payable by the appellant to the respondents. A…

Basetti v. Nour

Apparently in recognition of the harsh results Balducci created, the courts have attempted to fashion a…