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PEZZELLA v. CATHOLIC MED. CTR. OF BROOKLYN & QUEENS, INC.

50 A.D.2d 867 (1975)

Frank Pezzella et al., Respondents, v. Catholic Medical Center of Brooklyn and Queens, Inc., Sued Herein as St. John's Hospital, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 22, 1975

Order affirmed, with $50 costs and disbursements.

In this malpractice action involving serious and permanent physical injuries and large special damages, plaintiffs should not be deprived of a meaningful day in court because of the dereliction of their counsel (Roberson v Fordham Rent-A-Car Corp., 38 A.D.2d 535). Furthermore, since the action has been marked off the trial calendar and a third-party claim has since been asserted...

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