Case Dismissal

Congratulations to Partner Laura S. Murphy and Of Counsel Joseph Randazzo for securing a dismissal in Supreme Court, Bronx County, in a podiatric malpractice action. After the court tolerated many years of delay due to plaintiff’s slow prosecution of the action, plaintiff passed away. The pattern of delay continued as an estate representative was not promptly substituted in plaintiff’s place. We moved to dismiss the case due to plaintiff’s failure to timely substitute an estate representative, and plaintiff’s counsel cross-moved seeking to effect the substitution. Noting the history of delays and neglect, the court granted our motion and denied plaintiff’s counsel’s cross-motion. Accordingly, the case was dismissed in its entirety.