GALLERY v. MESSERSCHMITT

2015-11280. Index No. 3066/14.

151 A.D.3d 940 (2017)

2017 NY Slip Op 05069

54 N.Y.S.3d 313

DONNA GALLERY, Appellant, v. PATRICK MESSERSCHMITT, M.D., et al., Respondents.

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

Decided June 21, 2017.


Ordered that the order is affirmed insofar as appealed from, with costs.

This medical malpractice action was dismissed by a judgment dated June 2, 2015, after neither the plaintiff nor her attorney appeared at a compliance conference and the Supreme Court granted the respective oral applications of the defendants pursuant to, inter alia, 22 NYCRR 202.27 (b) to dismiss the action. To be relieved of the default in appearing at that conference, the plaintiff was required...

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