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LEEDS v. LENOX HILL HOSPITAL

6 A.D.3d 232 (2004)

775 N.Y.S.2d 260

CONSTANCE R. LEEDS, Respondent, v. LENOX HILL HOSPITAL et al., Appellants.

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

April 13, 2004.

The action was properly restored to the trial calendar upon a showing that the claim of malpractice is meritorious and that the delay was neither willful nor prejudicial. Concerning prejudice, defendants articulate only the passage of time, which is by itself legally insufficient (see Peterson v City of New York, 286 A.D.2d 287 [2001]). Moreover, it appears that the trial will turn mainly on medical records rather than witnesses...

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