Murray v. New York City Health & Hospitals Corporation
Decision Date | 24 June 2008 |
Docket Number | 2007-04699.,2007-03968.,2007-10265. |
Citation | 52 A.D.3d 792,861 N.Y.S.2d 372,2008 NY Slip Op 05900 |
Parties | MIZZIAHA MURRAY, Appellant, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Respondent. |
Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the defendant.
The appeal from the intermediate order dated October 24, 2006 must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from that order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
The action was dismissed when the plaintiff's counsel failed to appear for a final conference on February 9, 2005 (see 22 NYCRR 202.27 [b]). To be relieved of the default in appearing, the plaintiff was required to demonstrate both a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015 [a] [1]; Brownfield v Ferris, 49 AD3d 790 [2008]; Zeltser v Sacerdote, 24 AD3d 541, 542 [2005]; Solomon v Ramlall, 18 AD3d 461 [2005]). The vague and unsubstantiated allegations of the plaintiff's counsel regarding law office failure did not amount to a reasonable excuse (see St. Luke's Roosevelt Hosp. v Blue Ridge Ins. Co., 21 AD3d 946, 947 [2005]; Solomon v Ramlall, 18 AD3d 461 [2005]; Fennell v Mason, 204 AD2d 599 [1994]). The further allegations regarding law office failure contained in counsel's affirmation that was submitted for the first time in the reply papers of the...
To continue reading
Request your trial-
Gajek v. Hampton Bays Volunteer Ambulance Corps., Inc.
...a trial attorney ( see Leinas v. Long Is. Jewish Med. Ctr., 72 A.D.3d 905, 906, 898 N.Y.S.2d 500; Murray v. New York City Health & Hosps. Corp., 52 A.D.3d 792, 793, 861 N.Y.S.2d 372; Hartwich v. Young, 149 A.D.2d 769, 770, 539 N.Y.S.2d 561; Catalfamo v. Flushing Natl. Bank, 91 A.D.2d 967, 4......
-
Knowles v. Schaeffer
...a reasonable excuse for the default ( see Chechen v. Spencer, 68 A.D.3d 801, 889 N.Y.S.2d 474; Murray v. New York City Health & Hosps. Corp., 52 A.D.3d 792, 793, 861 N.Y.S.2d 372; St. Luke's Roosevelt Hosp. v. Blue Ridge Ins. Co., 21 A.D.3d 946, 947, 801 N.Y.S.2d 617). Furthermore, the plai......
-
Shelley v. S. Shore Healthcare
...of New York, 100 A.D.2d at 899, 474 N.Y.S.2d 557 ; Egan v. Neghavi, 84 A.D.3d 1014, 922 N.Y.S.2d 800 ; Muriel v. New York City Health & Hosps. Corp., 52 A.D3.d 792, 861 N.Y.S.2d 372, 741 ). Moreover, although the action was commenced by the plaintiff, both individually and as “executor” of ......
-
Fenner v. County of Nassau
...Supreme Court ( see CPLR 2214; 47 Thames Realty, LLC v. Robinson, 61 A.D.3d 923, 924, 878 N.Y.S.2d 752; Murray v New York City Health & Hosps. Corp., 52 A.D.3d 792, 794, 861 N.Y.S.2d 372; Levine v. Forgotson's Cent. Auto & Elec., Inc., 41 A.D.3d 552, 553, 840 N.Y.S.2d 598). Moreover, the co......