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FINK v. ANTELL

19 A.D.3d 215 (2005)

796 N.Y.S.2d 524

ROBIN FINK, Appellant, v. DARRICK E. ANTELL, M.D., Respondent.

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

June 16, 2005.

This medical malpractice action was dismissed as a result of plaintiff's unpreparedness for trial, notwithstanding numerous prior adjournments, the marking of the case as final, and the denial of counsel's application to withdraw. Under Uniform Rules for Trial Courts (22 NYCRR) § 202.27, a court may dismiss an action for a party's failure to appear at a scheduled conference or to proceed to trial (see Saunders v Riverbay Corp., 17 A.D.3d 137<...

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