PASCALE v. HOPPENFELD


162 A.D.2d 181 (1990)

Judith Pascale, Respondent, v. Stanley Hoppenfeld et al., Appellants

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

June 12, 1990


Although this medical malpractice action has now been pending 10 years, in light of its arguable merit, as reflected in the 1980 report of the orthopedic surgeon, and plaintiff's pro se status and alleged medical problems at the time of her failure to comply with defendants' 90-day notices and demands for discovery, the IAS court's decision to permit plaintiff one last chance to have this action considered on its merits cannot be said to have been an improvident exercise...

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