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GAMIEL v. SULLIVAN & LIAPAKIS

254 A.D.2d 96 (1998)

679 N.Y.S.2d 282

Ruchama Gamiel, Appellant, v. Sullivan & Liapakis, P. C., Respondent, et al., Defendant

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

October 13, 1998

Defendant's default in serving an answer was properly excused where, at the outset, defendant advised plaintiff that it was having difficulty locating its file in the underlying medical malpractice action, which had concluded almost a year and a half earlier (Gamiel v University Hosp., 216 A.D.2d 80, lv dismissed 87 N.Y.2d 911), defendant shows a meritorious defense, and plaintiff fails...

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