Legal Opinion
Clarke v. New Rochelle Hospital Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 1989PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries resulting from medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Dachenhausen, J.), entered April 5, 1988, which denied his motion to vacate a judgment of the same court dismissing his complaint, with prejudice, for failure to prosecute.
Ordered that the order is affirmed, without costs or disbursements.
We find that counsel for the plaintiff failed to offer a valid excuse for not appearing ready for trial when, in accordance with the provisions of 22 NYCRR 125.1 (g), he had received notice in…
2Cases cited2 opinions
- Ford v. Village of Croton-on-HudsonAppellate Division of the Supreme Court of the State of New York · 1988
- Romer v. Middletown School DistrictNew York Supreme Court · 1987
3Cited by5 opinions
- P & K Marble, Inc. v. PearceAppellate Division of the Supreme Court of the State of New York · 1990
- Government Employees Insurance v. Dae-Hee LeeAppellate Division of the Supreme Court of the State of New York · 2010
- Foster v. GherardiAppellate Division of the Supreme Court of the State of New York · 1994
- Rodriguez v. NgAppellate Division of the Supreme Court of the State of New York · 2005
- Malachi v. Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1997