Opinion
December 21, 1999
Order, Supreme Court, New York County (Stanley Sklar, J.), entered December 1, 1998, which granted defendants-respondents' motions to dismiss the complaint for failure to prosecute, unanimously affirmed, without costs.
Ronald Cohen for Plaintiff-Appellant.
Timothy J. O'Shaughnessy, David Henry Sculnick, Robin N. Gregory, and Annette G. Hasapidis for Defendants-Respondents.
SULLIVAN, J.P., ROSENBERGER, NARDELLI, WILLIAMS, FRIEDMAN, JJ.
The complaint, which alleges that defendants failed to diagnose the decedent's cancer in timely fashion, was properly dismissed for failure to submit an affidavit of merit by a medical expert in response to the motions to dismiss (see, Mosberg v. Elahi, 80 N.Y.2d 941). We note that plaintiff also failed to provide a reasonable excuse for her unreasonable delay in prosecuting the action between July 1991, when she served her bills of particulars, and July 1997, when, seven months after service of the firstCPLR 3216 notice, her attorney moved to withdraw.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.