Ledlie v. Moadel

In an action to recover damages for wrongful death, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Roberto, J.), dated May 4, 1989, which denied their motion to vacate an order of the same court, dated February 7, 1989, and a judgment entered February 14, 1989, thereon, which granted the defendants’ respective motions to dismiss the action based upon the plaintiffs’ failure to file a notice of medical malpractice action pursuant to CPLR 3406, upon the plaintiffs’ default in responding to the defendants’ motion.

Ordered that the order is reversed, as a matter of…