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DAVIS v. HUNTINGTON HOSP.

87 A.D.2d 834 (1982)

Thomas Davis, as Administrator of The Estate of Sally Davis, Deceased, et al., Respondents, v. Huntington Hospital, Appellant

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

April 12, 1982

Order reversed, on the law, with $50 costs and disbursements, motion denied, and order dated April 22, 1981 dismissing the complaint is reinstated.

Plaintiffs failed to make an adequate showing of either excuse for their defaults or merit to their causes of action. Special Term's vacatur of its earlier order of dismissal therefore constituted an improvident exercise of its discretion (see Barasch v Micucci,

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