From Casetext: Smarter Legal Research

Gordon v. Shore Park Pharmacy, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1979
70 A.D.2d 651 (N.Y. App. Div. 1979)

Opinion

May 28, 1979


In a medical and pharmaceutical malpractice action, plaintiff appeals from an order of the Supreme Court, Nassau County, dated March 16, 1978, which granted the motions of defendants Schonberger and Dlugash to dismiss the action as to them for failure to serve a complaint after receiving a demand therefor. Order reversed, without costs or disbursements, and motions to dismiss denied on condition that plaintiff's attorney personally pay the sum of $125 to each of the individual defendants within 20 days after service upon plaintiff of a copy of the order to be made hereon, together with notice of entry thereof; in the event such condition is not complied with, order affirmed, with $50 costs and disbursements. Where, as here, the action appears to have some merit despite the unsatisfactory affidavit submitted in opposition to the motions to dismiss, the alleged malpractice resulted in death, the delay was not inordinately protracted, the default was not willful or with any intention to abandon the action, and defendants have not been prejudiced, plaintiff should not be deprived of his day in court (see Carron v. De Granpre, 55 A.D.2d 712). Suozzi, J.P., Lazer, Cohalan and Martuscello, JJ., concur.


Summaries of

Gordon v. Shore Park Pharmacy, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1979
70 A.D.2d 651 (N.Y. App. Div. 1979)
Case details for

Gordon v. Shore Park Pharmacy, Inc.

Case Details

Full title:MURRAY GORDON, Individually and as Administrator of the Estate of MARLENE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 28, 1979

Citations

70 A.D.2d 651 (N.Y. App. Div. 1979)

Citing Cases

Katz v. Knoesel Service Center, Inc.

As so modified, order affirmed, without costs or disbursements. Plaintiffs' attorneys' time to pay $500 is…

Bryant v. Bryant

Therefore, if either party commences a divorce action based upon conduct arising prior to July 19, 1980, such…