MURPHY v. GOOD SAMARITAN HOSP.


52 A.D.2d 595 (1976)

Thomas F. Murphy, Jr., as Administrator of Sean C. Murphy, Deceased, Respondent, v. Good Samaritan Hospital, Appellant, et al., Respondents. John J. Tullman et al., Respondents

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

April 12, 1976


Order modified by deleting (1) so much of the first decretal paragraph thereof as follows the word "granted" and (2) the second decretal paragraph thereof. As so modified, order affirmed, without costs or disbursements. Although a default in appearance before a medical malpractice panel, which meets only infrequently, is a serious matter, it was an improvident exercise of discretion not to grant, without condition, this unopposed motion, promptly made, to vacate an unintentional...

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