TATE v. PENINSULA HOSP. CTR.


255 A.D.2d 503 (1998)

680 N.Y.S.2d 609

Nancy Tate, Appellant, v. Peninsula Hospital Center, Respondent

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

November 23, 1998


Ordered that the order is affirmed, with costs.

This case was marked off the trial calendar in March 1996 to complete discovery and was automatically dismissed as abandoned a year later, pursuant to CPLR 3404 (see, Rosser v Scacalossi, 140 A.D.2d 318). In September 1997, the plaintiff moved to restore the action to the trial calendar. The Supreme Court denied the motion and we affirm.

"A party seeking to restore...

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