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FRANCK v. CNY ANESTHESIA GROUP

175 A.D.2d 605 (1991)

Brenda Franck, Respondent, v. CNY Anesthesia Group, Appellant

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

July 12, 1991

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiff failed to demonstrate an acceptable excuse for her failure to file a note of issue within the 90-day demand period or the existence of a meritorious cause of action, and the motion to dismiss her medical malpractice complaint should have been granted (see, CPLR 3216 [e]; Walker v Town of Lockport, 109 A.D.2d 1102...

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