Dankovich v. Weisinger

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered May 15, 2001, which dismissed plaintiffs complaint due to her failure to appear and proceed to trial, unanimously reversed, on the law, with costs, the complaint reinstated and the trial to be rescheduled before another judge.

Plaintiffs husband advised the trial court that plaintiff was too ill to appear in court for trial, that she had undergone chemotherapy and radiation for colon cancer and suffered significant radiation damage, that she had no control over her bowels and defecated 15 to 20 hours a day into diapers,…