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IMPERATO v. MOUNT SINAI MEDICAL CENTER

3776, 110727/07.

82 A.D.3d 414 (2011)

917 N.Y.S.2d 857

MARYANN IMPERATO et al., Respondents, v. MOUNT SINAI MEDICAL CENTER et al., Appellants.

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

Decided March 1, 2011.

Plaintiffs' counsel's debilitating illness, coupled with "law office failure," was a reasonable excuse warranting relief from the preclusion order entered on default (see Frenchy's Bar & Grill v United Intl. Ins. Co., 251 A.D.2d 177, 177-178 [1998]). Plaintiffs' expert witness disclosure sufficiently delineated defendants' alleged departures from accepted medical practice and their...

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