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PAK CHONG MAR v. NEW YORK INFIRMARY-BEEKMAN DOWNTOWN HOSP.

161 A.D.2d 373 (1990)

Pak Chong Mar, Individually and as Administrator of The Estate of Lai Han Mar, Deceased, Appellant, v. New York Infirmary-Beekman Downtown Hospital et al., Respondents

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

May 15, 1990

The record reveals that plaintiff failed to establish entitlement to vacatur of the dismissal and restoration of the underlying wrongful death and medical malpractice action to the Trial Calendar pursuant to CPLR 3404 by demonstrating a meritorious cause of action, a reasonable excuse for the delay, lack of prejudice to the opposing party and plaintiff's intent not to abandon the action. (See, Rodriguez v Middle Atl. Auto Leasing, 122 A.D.2d...

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