DIEMER v. EBEN EZER MEDICAL ASSOC.


120 A.D.3d 614 (2014)

990 N.Y.S.2d 875

2014 NY Slip Op 05831

JANET DIEMER et al., Appellants, v. EBEN EZER MEDICAL ASSOCIATES et al., Defendants, and SELECT PHYSICIANS, P.C., et al., Respondents.

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

Decided August 20, 2014.


In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Parga, J.), dated October 25, 2012, which granted the motion of the defendants Select Physicians, P.C., and Daniel Reinharth pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them for failure to prosecute.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Select...

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