Ovchinnikov v. Joyce Owners Corp., 2006-07326.
| Citation | 843 N.Y.S.2d 345,43 A.D.3d 1124,2007 NY Slip Op 06965 |
| Decision Date | 25 September 2007 |
| Docket Number | 2006-07326. |
| Parties | MIKHAIL OVCHINNIKOV et al., Respondents, v. JOYCE OWNERS CORP. et al., Appellants. |
| Court | New York Supreme Court Appellate Division |
v.
JOYCE OWNERS CORP. et al., Appellants.
In a consolidated action, inter alia, to recover damages for personal injuries and medical malpractice, the defendants Joyce Owners Corp. and Joyce Management Co. appeal, and the defendant
[43 A.D.3d 1125]
Sounder Eswar separately appeals, as limited by their respective briefs, from so much of an order of the Supreme Court, Queens County (Price, J.), entered June 13, 2006, as denied their respective motions pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them for failure to prosecute, and granted the plaintiffs' cross motion to extend the time to file a note of issue.
Ordered that the order is reversed, on the law and in the exercise of discretion, with one bill of costs, the motions to dismiss the complaint are granted, and the cross motion is denied.
On December 16, 1994 the injured plaintiff Mikhail Ovchinnikov tripped and fell on stairs inside the parking garage of a building owned and managed by the defendants Joyce Owners Corp. and Joyce Management Co. (hereinafter the Joyce defendants). Following the accident, the injured plaintiff was taken to LaGuardia Hospital, where the defendant Sounder Eswar performed a closed reduction procedure on his fractured left wrist. In January 1996 the injured plaintiff and his wife commenced an action against Eswar seeking to recover damages, inter alia, for medical malpractice. The plaintiffs subsequently commenced a second action in December 1997 to recover damages for personal injuries against the Joyce defendants, and the two actions were thereafter consolidated. As of May 2005 the plaintiffs had yet to serve or file a note of issue.
On May 11, 2005, more than nine years after the commencement of the action against him, Eswar served the plaintiffs with a 90-day notice pursuant to CPLR 3216, requesting them to resume prosecution of the action. The Joyce defendants also served the plaintiffs with a 90-day notice on or about May 20, 2005. Although the plaintiffs allege that they attempted to file a note of issue placing the action on the trial calendar on or about August 9, 2005, the note of issue was rejected for filing, apparently because the actions had been marked "disposed," and the plaintiffs had not moved...
To continue reading
Request your trial
-
Cope v. Barakaat
...in the prosecution of this action ( see Picot v. City of New York, 50 A.D.3d at 758, 855 N.Y.S.2d 237; Ovchinnikov v. Joyce Owners Corp., 43 A.D.3d 1124, 1127, 843 N.Y.S.2d 345; Serby v. Long Is. Jewish Med. Ctr., 34 A.D.3d 441, 824 N.Y.S.2d 119). Furthermore, the plaintiff failed to submit......
-
Dominguez v. Jamaica Med. Ctr.
...504, 655 N.Y.S.2d 848, 678 N.E.2d 460; Picot v. City of New York, 50 A.D.3d 757, 855 N.Y.S.2d 237; Ovchinnikov v. Joyce Owners Corp., 43 A.D.3d 1124, 1127, 843 N.Y.S.2d 345; Serby v. Long Is. Jewish Med. Ctr., 34 A.D.3d 441, 824 N.Y.S.2d 119). Furthermore, the plaintiff failed to submit any......
-
Siegel v. Commack Sch. Dist.
...Hills Hosp., 98 A.D.3d at 645, 949 N.Y.S.2d 781;Cope v. Barakaat, 89 A.D.3d at 671, 931 N.Y.S.2d 910;Ovchinnikov v. Joyce Owners Corp., 43 A.D.3d 1124, 1127, 843 N.Y.S.2d 345). Furthermore, the plaintiff failed to submit a sufficient affidavit of merit ( see Baczkowski v. Collins Constr. Co......
-
Bankunited v. Kheyfets
...1129–1130, 16 N.Y.S.3d 601 ; Docteur v. Interfaith Med. Ctr., 90 A.D.3d 814, 815, 935 N.Y.S.2d 114 ; Ovchinnikov v. Joyce Owners Corp., 43 A.D.3d 1124, 1126, 843 N.Y.S.2d 345 ). Accordingly, the court properly granted the motion of nonparty Christiana Trust, a Division of Wilmington Savings......