- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 22 2013 (Date Decided)
- Friedman, J.P., Renwick, Manzanet-Daniels, Romn, Clark, JJ.
9052N-9053N. ZORAIDA MARTINEZ, plf-ap, v. CHARLES NGUYEN, D.P.M. def, UNION COMMUNITY HEALTH CENTER, INC. defres Levine & Grossman, Mineola (Steven Sachs of counsel), for ap — Gabarini & Scher, P.C., New York (Santosh N. Chitalia of counsel), for res — Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 29, 2011, which, in this medical malpractice action, granted defendants-respondents' motion to vacate the default judgment entered against defendant Charles Nguyen, and granted their motion to dismiss the claims and cross claims against Nguyen for lack of personal jurisdiction, unanimously affirmed, without costs. Order, same court (Stanley Green, J.), entered on or about March 23, 2012, which denied plaintiff's motion for a default judgment against Nguyen, unanimously affirmed, without costs.