Rosenblatt v. Franklin Hosp. Med. Ctr.
| Decision Date | 10 October 2018 |
| Docket Number | 2017–00083,Index No. 276/09 |
| Parties | Lois M. ROSENBLATT, etc., et al., Appellants, v. FRANKLIN HOSPITAL MEDICAL CENTER, Respondent. |
| Court | New York Supreme Court — Appellate Division |
165 A.D.3d 862
85 N.Y.S.3d 488
Lois M. ROSENBLATT, etc., et al., Appellants,
v.
FRANKLIN HOSPITAL MEDICAL CENTER, Respondent.
2017–00083
Index No. 276/09
Supreme Court, Appellate Division, Second Department, New York.
Argued—June 1, 2018
October 10, 2018
Annette G. Hasapidis, South Salem, NY, for appellants.
Heidell, Pittoni, Murphy & Bach, LLP, White Plains, N.Y. (Daniel S. Ratner and Daryl Paxson of counsel), for respondent.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Queens County (Peter J. O'Donoghue, J.), entered November 14, 2016. The order granted the defendant's motion pursuant to CPLR 3126 to dismiss the complaint.
ORDERED that the order is affirmed, with costs.
In 2007, the plaintiff Angelica Pattishaw brought her grandson, for whom she served as legal guardian, to the emergency room of the defendant, Franklin Hospital Medical Center. The child was discharged the same day and died at home five days later. In 2009, the plaintiffs commenced this action, inter alia, to recover damages for medical malpractice. In 2015, the defendant served a demand to prosecute pursuant to CPLR 3216, and the plaintiffs moved to extend their time to file a note of issue. In an order dated April 6, 2016, the Supreme Court granted the plaintiffs' motion and directed, among other things, that Pattishaw appear for a deposition on or before May 27, 2016. Pattishaw did not appear on or before that date, and on or about July 21, 2016, the defendant moved pursuant to CPLR 3126 to dismiss the complaint. The court granted the motion, and the plaintiffs appeal.
Pursuant to CPLR 3126, "[i]f a party refuses to obey an order for disclosure or willfully fails to disclose information, the court may dismiss the action" ( Corex–SPA v. Janel Group of N.Y., Inc., 156 A.D.3d 599, 601, 66 N.Y.S.3d 509 ; see CPLR 3126[3] ). Since public policy strongly favors the resolution of...
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