ROZEFORT v. BRONX LEBANON HOSPITAL CENTER

20054/15E. Appeal No. 13184. Case No. 2020-01860. 2020-02702.

191 A.D.3d 586 (2021)

138 N.Y.S.3d 875

2021 NY Slip Op 01152

Flossie Bowman Rozefort, Appellant, v. Bronx Lebanon Hospital Center et al., Respondents.

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

Decided February 23, 2021.


Attorney(s) appearing for the Case

C. Robinson & Associates, LLC, New York ( W. Charles Robinson of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for Bronx Lebanon Hospital Center, respondent.

Bartlett LLP, Garden City ( Robert G. Vizza of counsel), for Jewish Home Life Care and Jewish Home Life Care, Manhattan, respondents.

Concur—Kapnick, J.P., Webber, Mazzarelli, Oing, JJ.


The 90-day period expired on or around August 19, 2018 (CPLR 3216[b][3]). Plaintiff moved by order to show cause to, inter alia, extend the time to file a note of issue on August 1, 2018. Supreme Court declined to sign the order to show cause on August 10, and its declination was not entered into the NYSCEF system until August 20, one day after the time to seek an extension had expired. Under these facts, the proposed order to show cause was sufficient to constitute a timely...

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