HARRIS v. BROOKLYN HOSP. AT THE BROOKLYN CUMBERLAND MED. CTR.


81 A.D.2d 658 (1981)

Linwood Harris, as Executor of Macie Minton, Deceased, Respondent, v. Brooklyn Hospital at the Brooklyn Cumberland Medical Center, Defendant, and Banad N. Viswanath, Appellant

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

April 27, 1981


Order reversed, on the law, without costs or disbursements, appellant's motion for summary judgment dismissing the complaint is granted unconditionally and the cross motion is denied.

In his opposition to appellant's motion, the plaintiff failed to demonstrate a reasonable excuse for (1) his failure to comply with an order of preclusion for a period of more than five months and (2) his failure to establish the legal merits of his claim by an affidavit containing a...

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