LA BUDA v. BROOKHAVEN MEM'L HOSP. MED. CTR.


98 A.D.2d 711 (1983)

Robert La Buda, Respondent, v. Brookhaven Memorial Hospital Medical Center, Respondent, and Abraham Cohen et al., Appellants, et al., Defendant

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

December 5, 1983


Order reversed insofar as appealed from, on the law, without costs or disbursements, and appellants' motion for summary judgment granted.

In recently enacting CPLR 2005 (L 1983, ch 318), the Legislature effectively overruled the rigid approach to both pleading defaults and defaults in connection with other intra-action procedures caused by law office failure set forth in Barasch v Micucci (49 N.Y.2d 594), Eaton v Equitable...

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