Borgia v. Interboro General Hospital — 59 N.Y.2d 802

Majority

p. 802

Corrado Borgia, as Administrator of the Estate of Rosario Borgia, et al., Appellants, v Interboro General Hospital, Defendant, and Umberto De Girolamo et al., Respondents.

Argued April 29, 1983;

decided June 2, 1983

p. 803

APPEARANCES OF COUNSEL

Douglas E. McKeon and John J. Tullman for appellants.

Frederick N. Gaffney and Henry M. Primavera for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

While a disabling illness may excuse an attorney’s delay in serving a complaint, in this case the default occurred well after the illness and therefore the default was not excused. Accordingly, the Appellate Division did not abuse its discretion in granting defendants’ motion to dismiss the complaint.

p. 804

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.