Nowell v. NYU Medical Center
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, the plaintiffs appeal from an order of the Supreme Court, Kings County (Rosenberg, J.), dated October 18, 2007, which denied their motion pursuant to CPLR 5015 (a) (1) to vacate a prior order of the same court dated May 15, 2007, granting that branch of the unopposed motion of the defendants NYU Medical Center, Thomas Diño, and Peter Schlossberg which was to dismiss the complaint insofar as asserted against them, among other things, for failure to comply with discovery.
Ordered that the order dated October…
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