ROSADO v. BRONX LEBANON HOSPITAL


278 A.D.2d 9 (2000)

717 N.Y.S.2d 141

PATRICIA ROSADO et al., Respondents, v. BRONX LEBANON HOSPITAL et al., Appellants, et al., Defendants. PATRICIA ROSADO et al., Respondents, v. BRONX LEBANON HOSPITAL et al., Appellants, et al., Defendants.

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

Decided December 5, 2000.


The motion court's restoration of plaintiffs' action to the prenote of issue calendar constituted a proper exercise of discretion. Plaintiffs' motion for restoration, brought within one year of the case being marked off the calendar, was timely and plaintiffs' submissions sufficiently demonstrated a meritorious cause of action, a reasonable excuse for the delay in prosecuting the action and the absence of prejudice to defendants (see, Ronsco Constr. Co. v 30 E. 85th St...

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