GERAGHTY v. ELMHURST HOSPITAL CENTER OF NEW YORK CITY HEALTH AND HOSPITALS CORP.


305 A.D.2d 634 (2003)

759 N.Y.S.2d 888

CHRISTINE GERAGHTY et al., Respondents, v. ELMHURST HOSPITAL CENTER OF NEW YORK CITY HEALTH AND HOSPITALS CORP. et al., Defendants, and LIFECO MEDICAL, P.C., et al., Appellants.

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

Decided May 27, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, upon reargument, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

An action is deemed abandoned when a default has occurred and a plaintiff fails to seek a default judgment within one year after the default (see CPLR 3215 [c]). To avoid dismissal of the complaint as...

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