Furrukh v. Forest Hills Hosp.
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | DANIEL D. ANGIOLILLO |
| Citation | 107 A.D.3d 668,966 N.Y.S.2d 497,2013 N.Y. Slip Op. 03968 |
| Parties | Nawaz FURRUKH, et al., respondents, v. FOREST HILLS HOSPITAL, appellant, et al., defendants. |
| Decision Date | 05 June 2013 |
107 A.D.3d 668
966 N.Y.S.2d 497
2013 N.Y. Slip Op. 03968
Nawaz FURRUKH, et al., respondents,
v.
FOREST HILLS HOSPITAL, appellant, et al., defendants.
Supreme Court, Appellate Division, Second Department, New York.
June 5, 2013.
[966 N.Y.S.2d 498]
Aaronson Rappaport Feinstein & Deutsch, LLP, New York, N.Y. (Steven C. Mandell of counsel), for appellant.
Bhatia & Associates PLLC, New York, N.Y. (Satish K. Bhatia of counsel), for respondents.
DANIEL D. ANGIOLILLO, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, and ROBERT J. MILLER, JJ.
[107 A.D.3d 668]In an action to recover damages for medical malpractice, etc., the defendant Forest Hills Hospital appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Queens County (McDonald, J.), entered November 8, 2012, which, inter alia, denied that branch of its motion which was pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute.
[107 A.D.3d 669]ORDERED that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and that branch of the motion of the defendant Forest Hills Hospital which was pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute is granted.
Pursuant to Uniform Rules for Trial Courts (22 NYCRR) § 202.21, a note of issue must be accompanied by a certificate of readiness, which must state that there are no outstanding requests for discovery and the case is ready for trial ( see22 NYCRR 202.21[a], [b] ). While the filing of a note of issue within 90 days after service upon the plaintiff of a written demand to serve and file the note of issue precludes a court from dismissing the action ( seeCPLR 3216[c]; Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503, 655 N.Y.S.2d 848, 678 N.E.2d 460), here, the plaintiffs' certificate of readiness stated, inter alia, that discovery proceedings now known to be necessary were not completed, that there were outstanding requests for discovery, and that the case was not ready for trial. Since the certificate of readiness failed to materially comply with the requirements of 22 NYCRR 202.21, the filing of the note of issue was a nullity, and that branch of the appellant's motion which was to vacate the note of issue was properly granted ( see22 NYCRR 202.21[b], [e]; Blackwell v. Long Is. Coll. Hosp., 303 A.D.2d 615, 616, 756 N.Y.S.2d 769;Garofalo v. Mercy Hosp., 271 A.D.2d 642, 706 N.Y.S.2d 477).
Having received a 90–day demand pursuant to CPLR 3216, the...
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...ready for trial" ( Slovney v. Nasso, 153 A.D.3d 962, 962, 61 N.Y.S.3d 568 ; see 22 NYCRR 202.21 [a], [b]; Furrukh v. Forest Hills Hosp., 107 A.D.3d 668, 669, 966 N.Y.S.2d 497 ). Here, the plaintiff's certificate of readiness stated that significant discovery remained outstanding when the no......
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...pursuant to CPLR 2004 (see Deutsche Bank Natl. Trust Co. v. Inga, 156 A.D.3d 760, 760, 67 N.Y.S.3d 264 ; Furrukh v. Forest Hills Hosp., 107 A.D.3d 668, 669, 966 N.Y.S.2d 497 ). The plaintiff failed to do either within the 90–day period. Therefore, to excuse the default, the plaintiff was re......
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...of action (see Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503, 655 N.Y.S.2d 848, 678 N.E.2d 460 ; Furrukh v. Forest Hills Hosp., 107 A.D.3d 668, 966 N.Y.S.2d 497 ; Jedraszak v. County of Westchester, 102 A.D.3d 924, 958 N.Y.S.2d 490 ). Nevertheless, it has been said that CPLR 3216 is......
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Felix v. Thomas R. Stachecki Gen. Contracting, LLC
...to recover damages for violation of the RLPHRA ( see generally Muro–Light v. Farley, 95 A.D.3d 846, 846–847, 944 N.Y.S.2d 571; [966 N.Y.S.2d 497]Morad v. Morad, 27 A.D.3d 626, 627, 812 N.Y.S.2d 126). The statutory language of the RLPHRA “is unambiguous with regard to the liability of real e......
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McKiernan v. Vaccaro, 2017–07307
...ready for trial" ( Slovney v. Nasso, 153 A.D.3d 962, 962, 61 N.Y.S.3d 568 ; see 22 NYCRR 202.21 [a], [b]; Furrukh v. Forest Hills Hosp., 107 A.D.3d 668, 669, 966 N.Y.S.2d 497 ). Here, the plaintiff's certificate of readiness stated that significant discovery remained outstanding when the no......
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HSBC Bank USA, Nat'l Ass'n v. Izzo, 2017–08533
...pursuant to CPLR 2004 (see Deutsche Bank Natl. Trust Co. v. Inga, 156 A.D.3d 760, 760, 67 N.Y.S.3d 264 ; Furrukh v. Forest Hills Hosp., 107 A.D.3d 668, 669, 966 N.Y.S.2d 497 ). The plaintiff failed to do either within the 90–day period. Therefore, to excuse the default, the plaintiff was re......
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