Jankie-Alli v. Mount Sinai Medical Center, JANKIE-ALLI

• Decision Date: 22 June 1999
• Docket Number: JANKIE-ALLI
• Citation: 691 N.Y.S.2d 766
• Parties: Pamela, et al., Plaintiffs-Respondents, v. The MOUNT SINAI MEDICAL CENTER, et al., Defendants-Appellants.
• Court: New York Supreme Court — Appellate Division

Page 766

691 N.Y.S.2d 766

Pamela JANKIE-ALLI, et al., Plaintiffs-Respondents, v. The MOUNT SINAI MEDICAL CENTER, et al., Defendants-Appellants.

Supreme Court, Appellate Division,

First Department, New York.

June 22, 1999.

Gerald P. Dwyer, for Plaintiffs-Respondents.

Linda S. Ellman, for Defendants-Appellants.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered July 17, 1998, which, inter alia, denied defendants' motion to dismiss the complaint for failure to prosecute, unanimously affirmed, without costs.

Plaintiffs' failure to file a note of issue in response to defendants' 90-day demand was properly excused upon a showing that plaintiffs and their attorneys frequently relocated throughout the time the action has been pending, and medical documentation, including some of defendants' own records, demonstrating a meritorious cause of action. Defendants' claim of prejudice is unpersuasive since it appears that the case will turn mainly on medical records rather than witnesses' memories (see, Esbri v. Westchester Sq. Med. Center, ---A.D.2d ----, 688 N.Y.S.2d 54).

ROSENBERGER, J.P., MAZZARELLI, RUBIN, SAXE and BUCKLEY, JJ., concur.