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THOMPSON v. BETH ISRAEL MEDICAL CENTER

20515/09-10115B. 10115A. 10115.

178 A.D.3d 468 (2019)

111 N.Y.S.3d 533

2019 NY Slip Op 08787

Irie Thompson, Appellant, v. Beth Israel Medical Center et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 5, 2019.

Attorney(s) appearing for the Case

Arnold E. DiJoseph, P.C., New York (Arnold E. DiJoseph, III of counsel), for appellant.

Harris Beach PLLC, Pittsford (Svetlana K. Ivy of counsel), for Beth Israel Medical Center, respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for Montefiore Medical Center and The Jack D. Weiler Hospital of The Albert Einstein College of Medicine, respondents.

Chesney & Nicholas, LLP, Syosset (Stephen V. Morello of counsel), for Terence Cardinal Cooke Health Care Center, respondent.

Concur—Richter, J.P., Gische, Webber, Gesmer, JJ.

The court providently granted defendants' motions to dismiss this action alleging medical malpractice. Plaintiff failed to show that she did not intend to abandon prosecution of the action, that her history of extensive delay was justified, or that she had a meritorious claim (see CPLR 3216; Mosberg v Elahi, 80 N.Y.2d 941 [1992]; Garofalo v Mercy Hosp., 271 A.D.2d 642 [2d Dept 2000...

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