GAYLE v. BODY

5455, 805105/14E.

157 A.D.3d 541 (2018)

66 N.Y.S.3d 607

2018 NY Slip Op 00255

ROXANNE GAYLE, Respondent, v. JANET C. BODY, DDS, et al., Appellants.

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

Decided January 16, 2018.


The court providently exercised its discretion in denying defendants' motion to dismiss this action alleging dental malpractice. Despite the inadequacy of plaintiff's papers opposing dismissal, the record indicates only a minor delay to complete discovery. The circumstances presented also do not suggest an intent to abandon prosecution, persistent neglect on the part of plaintiff, or particular prejudice to defendants. Furthermore, "a credibly meritorious claim can be gleaned...

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