Schmitt v. Nagalingam Jeyalingam
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice and wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Owen, J.), dated April 13, 2009, which denied their motion to restore the action to the trial calendar and to vacate an order of the same court dated May 30, 2008, granting the defendants’ motion to dismiss the action upon their failure to proceed with the trial.
Ordered that the order dated April 13, 2009 is affirmed, with costs.
Upon the plaintiffs’ failure to proceed on the scheduled trial date, the Supreme Court granted the…
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