New York Court of Appeals
Jean M. Di Simone v. Good Samaritan Hospital
October 30, 2003100 N.Y.2d 632
Summary
The New York Court of Appeals reversed the Appellate Division’s dismissal of a wrongful‑death medical‑malpractice action, holding that the plaintiff showed both a justifiable excuse for the litigation delay and a meritorious cause of action under CPLR 3216. The Court found the Appellate Division had abused its discretion and reinstated the trial‑court order.