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PFEIFFER v. HARRY SHAPIRO, M.D., P.C.

No. 1025, Docket 88-7941.

878 F.2d 657 (1989)

Joe PFEIFFER, Individually and as Administrator of the Goods, Chattels and Credit which were of Gusta Goldklang, Plaintiff-Appellant, v. HARRY SHAPIRO, M.D., P.C., Brookdale Hospital Medical Center, Stephen M. Lichter, M.D., Allan D. Novetsky, M.D., Stephen M. Lichter, M.D., and Allan D. Novetsky, M.D. d/b/a Plaza Oncology Associates, P.C., Irving Friedman, M.D., and Brookdale Nephrology Associates, P.C., and Dr. S. Moskowitz, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 5, 1989.

Attorney(s) appearing for the Case

Norman E. Frowley, Brooklyn, N.Y. (Charles Berkman, Brooklyn, N.Y., on the brief), for plaintiff-appellant.

Howard R. Cohen, New York City (Ethan B. Gerber, Bower & Gardner, New York, N.Y., on the brief), for defendant-appellee Brookdale Hosp. Medical Center.

Lewis Rosenberg, New York City (Roy Karlin, Shapiro, Shiff, Beilly, Rosenberg & Fox, New York City, on the brief), for defendants-appellees Friedman & Brookdale Nephrology Associates, P.C.

Michael H. Piziali, New York City (Jones, Hirsch, Connors & Bull, New York City, on the brief), for defendants-appellees Lichter, Novetsky, and Lichter & Novetsky d/b/a Plaza Oncology Associates.

Patricia D'Alvia, Frederick B. Smith, Morris & Duffy, New York City, filed a brief for defendant-appellee Shapiro.

Before NEWMAN, CARDAMONE, and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Joe Pfeiffer appeals from an order of the District Court for the Eastern District of New York (Thomas C. Platt, Jr., Chief Judge) denying his motion to reinstate his medical malpractice action, which was dismissed for Pfeiffer's failure to comply with orders of the District Court. For the reasons stated below, we reverse and remand.

Background

In June 1985, Pfeiffer, as administrator of the estate of decedent Gusta Goldklang...

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