GUTIN-NEDO v. MARSHALL, CHEUNG & DIAMOND, P.C.


301 A.D.2d 728 (2003)

753 N.Y.S.2d 548

AIMEE GUTIN-NEDO, an Infant, by JULIA HAMILTON, Her Mother and Guardian, et al., Plaintiffs, v. MARSHALL, CHEUNG & DIAMOND, P.C., et al., Respondents. ANDREW ROSNER, Appellant.

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

Decided January 2, 2003.


Mugglin, J.

Andrew Rosner is plaintiffs' attorney in this medical malpractice action, which was scheduled for trial on February 4, 2002. As the result of Rosner's involvement in another trial, substitute counsel informed Supreme Court and opposing counsel at a pretrial conference on January 15, 2002 that it was improbable that Rosner would be able to undertake the trial as scheduled. Rosner reminded the court and opposing...

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