CRUZ v. BRONX LEBANON HOSPITAL CENTER

2828, 24402/06

73 A.D.3d 597 (2010)

905 N.Y.S.2d 135

NANCY CRUZ, Respondent, v. BRONX LEBANON HOSPITAL CENTER, Appellant.

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

Decided May 20, 2010.


Plaintiff commenced this action for personal injuries she allegedly sustained when she fell on defendant's premises. The complaint was subsequently dismissed pursuant to 22 NYCRR 202.27 (b) based on substitute counsel's failure to appear at a pre-note status conference. Since no note of issue was filed in this case, plaintiff was only required to state a reasonable excuse for her failure to appear and to establish that her action has merit (see Eugene Di Lorenzo, Inc....

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