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DOCTEUR v. INTERFAITH MEDICAL CENTER

2011-00094

90 A.D.3d 814 (2011)

935 N.Y.S.2d 114

2011 NY Slip Op 9260

LAURETTA DOCTEUR, as Administratrix of the Estate of MARLENE DOCTEUR, Deceased, Appellant, v. INTERFAITH MEDICAL CENTER, Respondent.

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

Decided December 20, 2011.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the complaint for failure to prosecute is denied.

Contrary to the defendant's contention, dismissal of the complaint based on the plaintiff's inordinate and prejudicial delay in prosecuting the action was unavailable in this case. CPLR 3216 permits a court to dismiss an action for want of prosecution only after the court or the defendant has served the plaintiff with...

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