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MOSBERG v. ELAHI

80 N.Y.2d 941 (1992)

Christine J. Mosberg, Appellant, v. E. Hakim Elahi, Respondent.

Court of Appeals of the State of New York.

Decided October 15, 1992.

Attorney(s) appearing for the Case

Anthony Malillo, Flushing, and Russell D. Mauro for appellant.

Heidell, Pittoni, Murphy & Bach, New York City (Barbara A. Sheehan and Charles L. Bach, Jr., of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The party opposing a motion to dismiss for failure to prosecute is obligated to make an evidentiary showing sufficiently demonstrating a "good and meritorious cause of action" (CPLR 3216 [e]; see, Kel Mgt. Corp. v Rogers & Wells, 64 N.Y.2d 904, 905). In medical malpractice actions expert...

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