Charles v. Jamaica Hospital

• Court: New York Supreme Court — Appellate Division
• Citation: Charles v. Jamaica Hospital, 30 A.D.3d 459, 816 N.Y.S.2d 375, 2006 NY Slip Op 4794 (N.Y. App. Div. 2006)
• Decision Date: 13 June 2006
• Docket Number: 2005-00626.
• Parties: JEAN CHARLES et al., Appellants, v. JAMAICA HOSPITAL et al., Defendants, and MOISE MAURICE ABITOL, Respondent.

30 A.D.3d 459

816 N.Y.S.2d 375

2006 NY Slip Op 04794

JEAN CHARLES et al., Appellants, v. JAMAICA HOSPITAL et al., Defendants, and MOISE MAURICE ABITOL, Respondent.

2005-00626.

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

June 13, 2006.

In an action to recover damages for medical malpractice, the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Queens County (Dollard, J.), dated November 22, 2004, as, upon an order of the same court dated May 6, 2004, inter alia, granting that branch of the motion of the defendant Moise Maurice Abitol which was for summary judgment dismissing the complaint insofar as asserted against him, is in favor of that defendant and against them.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiffs' contention that the summary judgment motion of the defendant Moise Maurice Abitol should not have been considered on the ground that it was untimely pursuant to CPLR 3212 (a) is improperly raised for the first time on appeal (see LaBella v Allstate Ins. Co., 261 AD2d 367, 368 [1999]). In any event, Abitol established good cause for the delay.

Abitol established his entitlement...