DOELL v. McCARTHY


261 A.D.2d 132 (1999)

690 N.Y.S.2d 12

INGRID DOELL, Appellant, v. JOSEPH G. McCARTHY, M.D., P. C., Respondent.

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

Decided May 4, 1999.


Plaintiff's attorney's excuse for failing to appear at oral argument is that he was confused by an adjournment of a deposition that was scheduled for the same day as the argument, believing that the argument had been adjourned as well. The excuse, considered together with plaintiff's diligent prosecution of the action, her promptness in moving to vacate the default, and the strong policy in favor of vindicating the right to counsel of choice (see, S & S Hotel Ventures...

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