WARNER v. ORANGE COUNTY REGIONAL MED. CTR.

2013-06347

126 A.D.3d 887 (2015)

6 N.Y.S.3d 83

2015 NY Slip Op 02113

ERROL M. WARNER, JR., Individually and as Administrator of the Estate of EVELYN M. WARNER, Deceased, Appellant, v. ORANGE COUNTY REGIONAL MEDICAL CENTER, Respondent.

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

Decided March 18, 2015.


In an action to recover damages for medical malpractice and wrongful death, etc., the plaintiff appeals, by permission, from an order of the Supreme Court, Orange County (Bartlett, J.), dated February 25, 2013, which, inter alia, sua sponte, directed the dismissal of the complaint based on the plaintiff's failure to, among other things, proceed with jury selection.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the...

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