McDONNELL v. DRAIZIN


24 A.D.3d 628 (2005)

808 N.Y.S.2d 398

DENYSE McDONNELL, Respondent, v. DENNIS L. DRAIZIN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 19, 2005.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed, with prejudice.

The Supreme Court improvidently exercised its discretion in permitting the substitution of Denyse McDonnell as the plaintiff for Donald R. McErlean after an unreasonably long delay. This action, which was commenced in 1994, was based upon alleged medical malpractice committed in...

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