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JIMINEZ v. ST. JOHN'S RIVERSIDE HOSP.

161 A.D.2d 497 (1990)

Raphael C. Jiminez, an Infant, by His Mother and Natural Guardian, Milagros Cardec, et al., Respondents, v. St. John's Riverside Hospital et al., Appellants

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

May 24, 1990

Plaintiffs were required to show a reasonable excuse for not serving a complaint and the existence of a meritorious cause of action. The determination that supervising counsel's alcohol problem constituted a reasonable excuse for the default was within the IAS court's sound discretion (see, Sanders & Assocs. v Hague Dev. Corp., 100 A.D.2d 964, 965). Merit was shown by a medical affidavit that included "a sufficient, though...

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