GRATZ v. COLUMBIA PRESBYTERIAN HOSP.


57 A.D.2d 779 (1977)

M. Morton Gratz et al., Appellants, v. Columbia Presbyterian Hospital et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 17, 1977


In this medical malpractice and negligence case, there was delay by the plaintiffs in complying with various of the procedural demands upon them. Although the time to comply was extended by stipulation, there was no compliance with the 45-day notice, and when the defendants moved for dismissal for such failure, the opposition asked for an inordinate additional amount of time. Under the circumstances, there was no abuse of discretion in dismissing...

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