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CONKLIN v. PHYSICIAN'S HOSP.

237 A.D.2d 401 (1997)

654 N.Y.S.2d 828

Frederick Conklin et al., Respondents, v. Physician's Hospital et al., Defendants, and James P. Tierney, Defendant and Third-Party Plaintiff-Appellant. St. John's Queens Hospital et al., Third-Party Defendants-Appellants

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

March 17, 1997

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court did not err in striking the 90-day notices to prosecute, and in denying the cross motions to dismiss for failure to prosecute. At the time the 90-day notices at issue were served, it was understood between the parties and the court that the entire action had been stayed because of the bankruptcy of a codefendant...

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