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WYNTER v. OUR LADY OF MERCY MED. CTR.

23492/91. 3923A. 3923.

151 A.D.3d 414 (2017)

2017 NY Slip Op 04362

52 N.Y.S.3d 856

OTHILDA WYNTER, as Administrator of the Estate of CLIFTON WYNTER, Deceased, et al., Appellants, v. OUR LADY OF MERCY MEDICAL CENTER et al., Respondents, et al., Defendants.

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

Decided June 1, 2017.

Notwithstanding the strong public policy of this State to decide cases on the merits and our previous recognition of the potential merit of plaintiffs's claims (see Wynter v Our Lady of Mercy Med. Ctr., 3 A.D.3d 376 [1st Dept 2004]), the motion court providently exercised its discretion in denying vacatur of plaintiffs' default at the May 20, 2013 and July 24, 2013 court conferences. Bearing...

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