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CLARKE v. NEW ROCHELLE HOSP. MED. CTR.

149 A.D.2d 559 (1989)

Valentine Clarke, Appellant, v. New Rochelle Hospital Medical Center et al., Respondents

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

April 17, 1989

Ordered that the order is affirmed, without costs or disbursements.

We find that counsel for the plaintiff failed to offer a valid excuse for not appearing ready for trial when, in accordance with the provisions of 22 NYCRR 125.1 (g), he had received notice in advance of the trial date. In view of the violation of the foregoing rule and the fact that the trial date had already been adjourned for approximately nine months at the behest of the plaintiff's counsel, we...

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