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VAN HOVEN v. LENOX HILL HOSP.

198 A.D.2d 97 (1993)

603 N.Y.S.2d 833

John Van Hoven et al., Appellants, v. Lenox Hill Hospital et al., Respondents

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

November 16, 1993

This medical malpractice action was originally scheduled for trial on October 15, 1991. Plaintiffs moved for an adjournment due to the unavailability of their expert. In response to plaintiffs' request the IAS Court sua sponte dismissed the action and ruled that plaintiffs could move to vacate the dismissal within one year provided that the application was supported by an affidavit of merit by a physician. Plaintiffs moved...

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