Warner v. Orange County Regional Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice and wrongful death, etc., the plaintiff appeals, by permission, from an order of the Supreme Court, Orange County (Bartlett, J.), dated February 25, 2013, which, inter alia, sua sponte, directed the dismissal of the complaint based on the plaintiff’s failure to, among other things, proceed with jury selection.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the matter is remitted to the Supreme Court, Orange County, before a different Justice, for further proceedings consistent herewith.
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