COLLAZO v. CATHOLIC MED. CTR. OF BROOKLYN & QUEENS, INC.


158 A.D.2d 573 (1990)

Judy Collazo, an Infant, by Her Mother and Natural Guardian, Maria Collazo, Respondent, v. Catholic Medical Center of Brooklyn and Queens, Inc., Doing Business as Mary Immaculate Hospital, et al., Defendants, and Louis Mazzola, Appellant

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

February 20, 1990


Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, and the complaint is dismissed.

The Supreme Court erred in granting the plaintiff's motion to restore the action to the Trial Calendar, as the plaintiff failed to submit an adequate affidavit of merit in support of that motion (see, 22 NYCRR 202.21 [f]; Wulster v Rubinstein, 126 A.D.2d 545...

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