KIRSCHNER v. TINDEL


155 A.D.2d 289 (1989)

Celia Kirschner, Respondent, v. Seymour Tindel et al., Appellants

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

November 14, 1989


In this medical malpractice action, plaintiff served an amended and supplemental bill of particulars after the action had been placed on the Trial Calendar. Defendant moved to strike the amended and supplemental bill of particulars. On the return date of the motion, advanced by one day, plaintiff inadvertently failed to appear and the motion was granted on default. The lower court properly vacated the default upon plaintiff presenting an affidavit of merit and a sufficient...

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