GIBBONS v. JACKSON HEIGHTS HOSPITAL


18 A.D.3d 428 (2005)

793 N.Y.S.2d 772

CATHERINE GIBBONS et al., Appellants, v. JACKSON HEIGHTS HOSPITAL, Defendant, and WALTER A. BESSER, Respondent.

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

May 2, 2005.


Ordered that the judgment is affirmed, with costs.

On January 11, 2002, the Supreme Court dismissed the action upon the plaintiffs' failure to proceed when the case was called for trial. The plaintiffs' subsequent motion to vacate the dismissal and to restore the action to the trial calendar was denied. Thereafter, the Queens County Clerk entered a judgment, inter alia, dismissing the complaint insofar as asserted against the defendant Walter A. Besser.

The...

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