HEMBERGER v. JAMAICA HOSPITAL


306 A.D.2d 244 (2003)

761 N.Y.S.2d 252

ROBERT HEMBERGER et al., Appellants, v. JAMAICA HOSPITAL et al., Respondents.

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

Decided June 2, 2003.


Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is denied as unnecessary, the cross motions are denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

When the parties failed to appear at a conference on October 22, 1996, the Supreme Court apparently marked the case "inactive." Whatever that might mean, as no note of issue was filed in this...

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