The plaintiff in a medical malpractice action sought an extension of time for discoveries.
The defendant Dr. Tayfour cross-moved for dismissal for delay or a stay until costs were paid.
The court dismissed the defendant's motions, finding that the plaintiff's delays were not inordinate or inexcusable, and there was no substantial risk of an unfair trial.
The court granted the plaintiff's motion, setting new timelines for discoveries and trial, and ordered the defendant to pay the plaintiff costs of the motion.