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VORONTSOVA v. PRIOLO

61 A.D.3d 556 (2009)

876 N.Y.S.2d 640

VALERIE VORONTSOVA, Appellant, v. LOUISE MARIE PRIOLO, M.D., et al., Respondents.

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

Decided April 21, 2009.

The court improvidently exercised its discretion in sua sponte dismissing the action for failure to proceed to trial rather than marking it off the trial calendar. The record shows that defendants had not moved for dismissal of the action, that this was the first time plaintiff had sought an adjournment, which the parties had agreed to due to the unavailability of plaintiff's expert, and that both parties appeared at the calendar...

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