LEMLEK v. ISRAEL


160 A.D.2d 612 (1990)

Adele Lemlek, Respondent-Appellant, v. Robert M. Israel, Appellant-Respondent, and Hospital for Joint Diseases Orthopedic Institute, Respondent

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

April 24, 1990


Motion to reconsider dismissal of appeal granted and upon reconsideration, this court's order, entered March 6, 1990, dismissing the appeal for failure to prosecute, on default, is unanimously vacated, with costs, and the appeal reinstated, and an additional award of $1,000 is imposed as sanctions against plaintiff's attorney, to be paid to defendant-appellant Dr. Israel.

At a time when defendant-appellant had timely perfected the appeal in this matter, plaintiff...

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