ELLIOT v. NYACK HOSP.


204 A.D.2d 958 (1994)

612 N.Y.S.2d 271

Morton B. Elliot et al., Appellants, v. Nyack Hospital et al., Defendants, and Mark Fagelman, Respondent

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

May 26, 1994


White, J.

The trial of this medical malpractice action was adjourned on three occasions in 1990 due to plaintiffs' inability to procure an expert witness. On the third occasion, Supreme Court marked the case off the calendar. One year later, plaintiffs moved to restore it. Supreme Court denied the motion and, on reconsideration, adhered to its original decision. This appeal ensued.

We affirm. To prevail on a CPLR 3404 motion, the movant must demonstrate...

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