Legal Opinion
Bauernfeind v. Albany Medical Center Hospital
Appellate Division of the Supreme Court of the State of New York
Decided October 12, 1989PublishedCited by 7 opinions
1Opinion of the CourtMercure, J.
Appeal *755from an order of the Supreme Court (Conway, J.), entered October 12, 1988 in Albany County, which, inter alia, denied plaintiffs’ motion to vacate a prior order of said court dismissing the complaint for failure to prosecute.
Plaintiffs, John Bauernfeind (hereinafter decedent) and Sondra Bauernfeind (hereinafter plaintiff), commenced this action in November 1985 to recover for personal injuries and derivative damages alleged to have been sustained as the result of malpractice committed in defendants’ medical treatment of decedent. Decedent died in February 1986; plaintiff was appointed…
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