Yong Il Pak v. Kwah, 236 A.D.2d 608 (N.Y. App. Div. 2d Dep't 1997). · Go Syfert
Yong Il Pak v. Kwah, 236 A.D.2d 608 (N.Y. App. Div. 2d Dep't 1997). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Cited for

No citing cases on record.

Yong Il Pak
v.
Henry H. Kwah
Appellate Division of the Supreme Court of the State of New York.
Feb 24, 1997.
Published opinion
236 A.D.2d 608
1997 N.Y. App. Div. LEXIS 1553
Cited by 1 opinion  |  Published

—In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Satterfield, J.), dated January 16, 1996, which denied his motion pursuant to CPLR 3012 (b) to dismiss the complaint and granted the plaintiffs’ cross motion pursuant to CPLR 3012 (d) to compel the defendant to accept service of the complaint.

■

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in permitting the plaintiffs to serve and file an untimely complaint. The delay on the part of the plaintiffs was brief and the excuse for the delay was reasonable (see, CPLR 3012 [d]). Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.