BAILEY v. NORTH SHORE UNIV. HOSP.


91 A.D.2d 967 (1983)

Edward Bailey, as Administrator of The Estate of Cora Bailey, Deceased, Respondent, v. North Shore University Hospital, Defendant, and William Sherbany, Appellant

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

January 3, 1983


Order reversed insofar as appealed from, on the law, without costs or disbursements, and appellant's motion granted unconditionally.

In his affidavit in opposition to appellant's motion, the plaintiff failed to (1) establish a reasonable excuse for his failure to comply with two previous orders of preclusion, and (2) make a prima facie showing of merit by an affidavit of a physician competent to attest to the meritorious nature of his claim. Accordingly, it was an...

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