SITNER v. LENOX HILL HOSPITAL


1 A.D.3d 117 (2003)

766 N.Y.S.2d 355

POLINA SITNER, Respondent, v. LENOX HILL HOSPITAL et al., Appellants.

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

November 6, 2003.


Under the particular circumstances presented, in which, inter alia, the defect upon which the dismissals of plaintiff's actions was premised no longer poses a practical impediment to the actions' prosecution and was without prejudicial consequence to defendants, and in which plaintiff has offered an expert affidavit indicating that her malpractice claims against defendants are viable, the court properly exercised its discretion to permit the actions to be decided...

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