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DI PUMA v. MANHATTAN EYE, EAR, NOSE & THROAT HOSP.

89 A.D.2d 531 (1982)

Fred Di Puma et al., Respondents, v. Manhattan Eye, Ear, Nose and Throat Hospital, Appellant, et al., Defendant

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

July 15, 1982

Defendant's attorney failed to appear at a conference scheduled to be held before Justice Gammerman on February 17, 1982. Defendant was notified of this within a day or two after the default and immediately moved to vacate the default. The default was inadvertent. As it does not appear from the record that the February 17, 1982 conference was a date set for a hearing before a medical malpractice panel, and the motion to vacate the default was made immediately, the default...

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