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RICHEL v. BROOKDALE HOSP. MED. CTR.

87 A.D.2d 815 (1982)

June Richel, Respondent, v. Brookdale Hospital Medical Center et al., Appellants, et al., Defendants

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

April 5, 1982

Order reversed, insofar as appealed from, on the law, with one bill of $50 costs and disbursements, and plaintiff's motion to restore the action to the Trial Calendar is denied.

It was an improvident exercise of discretion for Trial Term to restore the action to the Trial Calendar. Plaintiff's failure to appear to pick a jury due to the failure of her attorney to mark the date in the law firm's diary must be deemed law office...

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