McKENZIE v. JACK D. WEILER HOSP.

9151, 22401/16E.

171 A.D.3d 615 (2019)

98 N.Y.S.3d 584

2019 NY Slip Op 03017

Patrice McKenzie et al., Respondents, v. Jack D. Weiler Hospital et al., Appellants, et al., Defendants.

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

Decided April 23, 2019.


The motion court exercised its discretion in a provident manner in denying the motion to dismiss (see Hernandez v Chaparro, 95 A.D.3d 745 [1st Dept 2012]). In opposition to appellants' motion, plaintiffs were required to "demonstrate a reasonable excuse for the delay and a meritorious claim" (Stevens v Stevens, 165 A.D.2d 780, 781 [1st Dept 1990]). Here, plaintiffs offered a reasonable excuse...

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