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AARON v. DONNENFELD

162 A.D.2d 381 (1990)

Francine Aaron, Individually and as Administratrix of The Estate of Baby Boy Aaron, Deceased, et al., Respondents, v. Alvin M. Donnenfeld et al., Defendants, and Lenox Hill Hospital, Appellant

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

June 28, 1990

Where the plaintiff fails to comply with a 90-day notice to file a note of issue, the defendant is entitled to an absolute dismissal only when the plaintiff fails to show an adequate excuse for the default and fails to show adequate merit (Levin v 40 Realty, 80 A.D.2d 515, affd 54 N.Y.2d 624). Contrary to the argument advanced by defendant Lenox...

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