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ACADEMIC HEALTH PROFESSIONALS INSURANCE ASSOCIATION v. LESTER

30 A.D.3d 328 (2006)

818 N.Y.S.2d 62

ACADEMIC HEALTH PROFESSIONALS INSURANCE ASSOCIATION, as Subrogee of LANCE WAGNER, M.D., Appellant, v. C. SIDNEY LESTER, Respondent.

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

June 27, 2006.

Defendant's firm, Lester, Hubbert & Gill, P.C. (LHG), served as outside counsel to plaintiff insurer in a 1994 medical malpractice action against one of its insureds, Dr. Wagner, an anesthesiologist. In February 1998, after LHG failed to appear on the scheduled trial date in the trial assignment part of Kings County Supreme Court, the court contacted the firm and directed them to appear the next day. When they defaulted, the court struck Dr. Wagner's answer and referred...

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