HAVENS v. FLUSHING HOSP. MED. CTR.


239 A.D.2d 466 (1997)

658 N.Y.S.2d 965

Christopher Havens, an Infant, by His Guardian, Louis Cardona, Respondent, v. Flushing Hospital Medical Center, Defendant, and J. Kim, Appellant

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

May 19, 1997


Ordered that the order is affirmed insofar as appealed from, with costs.

In light of the strong policy favoring disposition of actions on the merits, and upon our review of the unique circumstances present, we find that the Supreme Court did not improvidently exercise its discretion in denying the appellant's motion and partially granting the cross motion by the New York City Commissioner of Social Services (see, CPLR 2004; Przyjemski v Surowaniec, ...

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