BERGAN v. HOME FOR INCURABLES


124 A.D.2d 517 (1986)

Fred Bergan, Respondent, v. Home for Incurables, Defendant, and St. Barnabas Hospital et al., Appellants

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

November 25, 1986


Plaintiff commenced the subject medical malpractice action in 1976, concerning events alleged to have occurred in 1974 and 1975. In October 1980, a note of issue was served and filed. Some two years later, however, on October 25, 1982, plaintiff's counsel requested that the case be marked off the Trial Calendar because, notwithstanding the passage of six years since the action's commencement, plaintiff was still having difficulty obtaining his medical records. The case was...

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