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ROSARIO v. ELISHIS

270 A.D.2d 404 (2000)

704 N.Y.S.2d 645

GLADYS ROSARIO, Appellant, v. DAVID ELISHIS et al., Respondents.

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

Decided March 20, 2000.

Ordered that the order is reversed, with costs payable by the respondents Maimonides Medical Center and James Marzec, the motion is granted, the order dated January 20, 1999, is vacated, and the action is remitted to the Supreme Court, Kings County, for trial.

On the scheduled trial date of this action, all three trial attorneys in the four-attorney office of the plaintiff's counsel were actually engaged in ongoing trials...

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