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Rivera v. New York Presbyterian Hospital

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 16, 2008

LINA RIVERA, ETC., ET AL., PLAINTIFFS-RESPONDENTS,
v.
NEW YORK PRESBYTERIAN HOSPITAL, ET AL., DEFENDANTS-RESPONDENTS, ANDREW J. SZABO, ETC., APPELLANT.

In an action, inter alia, to recover damages for medical malpractice and wrongful death, the defendant Andrew J. Szabo appeals from an order of the Supreme Court, Queens County (O'Donoghue, J.), dated July 25, 2007, which denied, as untimely, his motion for summary judgment dismissing the complaint and cross claims insofar as asserted against him or, in the alternative, pursuant to CPLR 214-a for summary judgment dismissing so much of the complaint insofar as asserted against him as was based upon alleged acts of malpractice occurring prior to May 24, 2002, and dismissing the second and third causes of action to recover damages for lack of informed consent and negligent hiring and supervision insofar as asserted against him.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., FRED T. SANTUCCI, MARK C. DILLON and JOSEPH COVELLO, JJ.

(Index No. 26588/04)

DECISION & ORDER

ORDERED that the order is affirmed, with costs to the plaintiffs-respondents.

The Supreme Court properly denied the motion of the defendant Andrew J. Szabo as untimely on the ground that he failed to show good cause for making the motion more than 120 days after the filing of a note of issue, as required by a preliminary conference order (see Jackson v Jamaica First Parking, LLC, 49 AD3d 501, 501; Coty v County of Clinton, 42 AD3d 612, 614; see also DiBenedetto v Lowe's Home Ctrs., Inc., 43 AD3d 853, 853; Milano v George, 17 AD3d 644, 645).

In light of our determination, we do not reach the parties' remaining contentions.

SKELOS, J.P., SANTUCCI, DILLON and COVELLO, JJ., concur.

20081216

© 1992-2008 VersusLaw Inc.



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