| Trivedi v Golub |
| 2011 NY Slip Op 09628 [90 AD3d 1031] |
| December 27, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Deepak Trivedi, Appellant, v Robert Golub, Defendant, and Flushing Hospital Medical Center, Respondent. |
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Furman Kornfeld & Brennan LLP, New York, N.Y. (Jennifer Y. Gutterman and Michael E.
Soffer of counsel), for respondent.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (O'Donoghue, J.), dated December 20, 2010, which granted the motion of the defendant Flushing Hospital Medical Center to dismiss the complaint insofar as asserted against it for his failure to restore the action to the trial calendar, and denied his cross motion to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in granting the defendant's motion to dismiss the complaint insofar as asserted against it for the plaintiff's failure to restore the action to the trial calendar, and denying the plaintiff's cross motion to restore the action to the trial calendar. Skelos, J.P., Angiolillo, Belen, Lott and Roman, JJ., concur.