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Diaz v. New York Downtown Hospital

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1999
262 A.D.2d 62 (N.Y. App. Div. 1999)

Opinion

June 8, 1999.

Appeal from the Supreme Court, New York County (Edward Lehner, J.).


Plaintiff's motion to renew was properly granted upon an adequate showing that her failure to submit an affidavit of merit in support of the first motion was inadvertent, and in the absence of any showing by defendants of prejudice attributable to the short delay caused by such failure ( see, Pinto v. Pinto, 120 A.D.2d 337, 338; Torrado v. Lutheran Med. Ctr., 170 A.D.2d 666). Upon renewal, the default was properly vacated, and the action was properly restored to the calendar, upon a strong showing that plaintiff's failure to appear at the calendar call was due to confusion caused by the suspension of her attorney, and an affidavit of merit, the sufficiency of which defendants do not challenge.

Concur — Williams, J.P., Wallach, Andrias and Friedman, JJ.


Summaries of

Diaz v. New York Downtown Hospital

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1999
262 A.D.2d 62 (N.Y. App. Div. 1999)
Case details for

Diaz v. New York Downtown Hospital

Case Details

Full title:EVA DIAZ, Respondent, v. NEW YORK DOWNTOWN HOSPITAL, Defendant, and…

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

Date published: Jun 8, 1999

Citations

262 A.D.2d 62 (N.Y. App. Div. 1999)
691 N.Y.S.2d 467

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