CABRERA v. NEW YORK CITY HEALTH & HOSPS. CORP.


249 A.D.2d 186 (1998)

671 N.Y.S.2d 268

Sonia Cabrera, Appellant, v. New York City Health and Hospitals Corporation et al., Respondents

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

April 28, 1998


In this medical malpractice and wrongful death action arising from the death of plaintiff's father in Jacobi Hospital, the absence of any notice in the file of plaintiff's former attorneys and plaintiff's sworn statement that she was never informed by them of any examination constitute a sufficiently reasonable excuse for her nonappearance to warrant denial of the drastic remedy of dismissal. Reinstatement of the complaint is nevertheless...

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