Barton v. Executive Health Examiners

—Order, Supreme Court, New York County (Edward Lehner, J.), entered January 10, 2000, denying plaintiffs motion to vacate the dismissal of the complaint for failure to appear at an “old case calendar” conference, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs or disbursements, the motion granted and the complaint reinstated. Appeal from order, same court and Justice, entered November 15, 1999, dismissing the action, unanimously dismissed, without costs, as taken from a non-appealable order.

In this medical malpractice action, it is undisputed that…