ESCOBAR v. DEEPDALE GEN. HOSP.


172 A.D.2d 486 (1991)

Jose Escobar et al., Respondents, v. Deepdale General Hospital, Appellant

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

April 1, 1991


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of plaintiffs' motion which was, in effect, to vacate an automatic dismissal of the action pursuant to CPLR 3404, is denied.

The plaintiffs filed a note of issue before completion of discovery and, at a conference (see, 22 NYCRR 202.56) conducted in May 1986 in response to the defendant's motion to vacate the note of issue, the parties stipulated that the case...

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