Rosario v. Elishis

—In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Garry, J.), dated April 16, 1999, which denied her motion to vacate an order of the same court, dated January 20, 1999, which dismissed the action for counsel’s failure to appear for jury selection.

Ordered that the order is reversed, with costs payable by the respondents Maimonides Medical Center and James Marzec, the motion is granted, the order dated January 20, 1999, is vacated, and the action is remitted to the Supreme Court, Kings County, for…